MATTER OF MALLEN v. HEARING OFFICER, GREAT MEADOW CORRECTIONAL FACILITY


304 A.D.2d 879 (2003)

759 N.Y.S.2d 772

In the Matter of RICHARD MALLEN, Petitioner, v. HEARING OFFICER, GREAT MEADOW CORRECTIONAL FACILITY, et al., Respondents.

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

Decided April 3, 2003.


Based upon his plea of guilty and the misbehavior report indicating that two sticks taped together with two heavy duty staples attached to it was found in his cell, petitioner was found to have violated the prison disciplinary rule that prohibits the possession of a weapon. Given his plea of guilty, petitioner is precluded from challenging the determination on substantial evidence grounds (see Matter of Pabon v Goord, 275 A.D.2d 824

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