MATTER OF ZHANG v. MURPHY


1 A.D.3d 784 (2003)

766 N.Y.S.2d 633

In the Matter of WAN ZHANG, Petitioner, v. ROBERT J. MURPHY, as Assistant Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

November 13, 2003.


Petitioner commenced this proceeding challenging a determination finding him guilty of violating the prison disciplinary rules that prohibit possession of a weapon and contraband. As a preliminary matter, respondent concedes, and our review of the record confirms, that so much of the determination finding him guilty of the charge of possession of contraband is not supported by substantial evidence. The determination is therefore modified by annulling the finding of guilt...

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