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MATTER OF TURNER v. NEWTON

272 A.D.2d 688 (2000)

708 N.Y.S.2d 645

In the Matter of THOMAS TURNER, Petitioner, v. JAMES F. NEWTON, as Superintendent of Watertown Correctional Facility, et al., Respondents.

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

Decided May 11, 2000.

Petitioner, a prison inmate, was found guilty of drug possession after tampered pill capsules were discovered in his cell. Upon administering a NIK test, a white powder in one of the capsules tested positive for cocaine. In our view, the misbehavior report, combined with the testimony adduced at the hearing, constitute substantial evidence supporting the charge of drug possession (see, Matter of Minton v Goord, 263 A.D.2d 811;

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