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MATTER OF BARGER v. GOORD

301 A.D.2d 1001 (2003)

753 N.Y.S.2d 408

In the Matter of GORDON BARGER, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

Decided January 30, 2003.

Substantial evidence in the record supports the determination finding petitioner guilty of violating the prison disciplinary rule against unauthorized possession of a controlled substance. The misbehavior report and testimony at the hearing established that three bags of a white powdery substance, later identified by laboratory tests as heroin, were found on petitioner's desk. It was for the Hearing Officer to resolve any conflict...

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