MATTER OF McNAIR v. GOORD


265 A.D.2d 716 (1999)

697 N.Y.S.2d 183

In the Matter of BILLY McNAIR, Petitioner, v. GLENN S. GOORD, as Commissioner of the Department of Correctional Services, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided October 21, 1999.


Petitioner, a prison inmate, was found guilty of lewd exposure in violation of a prison disciplinary rule after a correction officer witnessed petitioner masturbating in his cell. Contrary to petitioner's assertion, the misbehavior report, together with the testimony of the correction officer who authored the misbehavior report after observing petitioner's conduct, provides substantial evidence of petitioner's guilt (see, Matter of Reynoso v Goord,

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