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MATTER OF DONATO v. DUNCAN

272 A.D.2d 767 (2000)

708 N.Y.S.2d 914

In the Matter of DAVID DONATO, Petitioner, v. GEORGE DUNCAN, as Superintendent of Great Meadow Correctional Facility, et al., Respondents.

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

Decided May 18, 2000.

Petitioner, a prison inmate, was found guilty of possessing a controlled substance. Contrary to petitioner's contention, we find that the detailed misbehavior report indicating that a test performed on the substance yielded positive results for marihuana was sufficiently probative to constitute substantial evidence of petitioner's guilt (see, Matter of Rosario v Selsky, 266 A.D.2d 656).

We also reject petitioner's contention...

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