Petitioner was found guilty of violating the prison disciplinary rule that prohibits possession of narcotics after two packets of a substance concealed inside his underwear tested positive for heroin. The misbehavior report, the testimony of its author, the positive results of a drug test performed on the substance and the testimony of the correction officer who conducted the test provide substantial evidence of petitioner's guilt (see, Matter of Burse v Goord,
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MATTER OF SPULKA v. MURPHY
276 A.D.2d 986 (2000)
715 N.Y.S.2d 916
In the Matter of KENNETH SPULKA, Petitioner, v. ROBERT J. MURPHY, as Acting Director of Special Housing, Inmate Disciplinary Program, et al., Respondents.
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
Decided October 26, 2000.
Decided October 26, 2000.
Appellate Division of the Supreme Court of the State of New York, Third Department.
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