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MATTER OF SMITH v. GOORD

275 A.D.2d 827 (2000)

713 N.Y.S.2d 297

In the Matter of PRESTON SMITH, Petitioner, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

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

Decided September 14, 2000.

Petitioner was found guilty of lewd exposure after he was found to have masturbated in front of a correction counselor. The detailed misbehavior report, as well as the testimony of its author who witnessed the incident, provides substantial evidence of petitioner's guilt (see, Matter of Stokes v Goord, 270 A.D.2d 900). Petitioner's contention that the misbehavior report contradicted the...

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