MATTER OF MALONE v. GIAMBRUNO


274 A.D.2d 720 (2000)

711 N.Y.S.2d 798

In the Matter of WELDON MALONE, Petitioner, v. MICHAEL GIAMBRUNO, as Superintendent of Altona Correctional Facility, Respondent.

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

Decided July 13, 2000.


Petitioner, a prison inmate, was found guilty of tattooing and displaying or wearing unauthorized organizational material. Initially, we note that petitioner's knowing and voluntary guilty plea on the tattooing charge precludes his substantial evidence challenge on that charge (see, Matter of Malik v Senkowski, 271 A.D.2d 793). With regard to the remaining charge, the detailed and probative misbehavior report, authored by the correction...

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