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MATTER OF SIMPSON v. GOORD

308 A.D.2d 641 (2003)

764 N.Y.S.2d 368

In the Matter of THEODORE SIMPSON, 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 September 18, 2003.

Spain, J.

Petitioner was found guilty of violating the prison disciplinary rules prohibiting attempted smuggling and conspiring to introduce controlled substances into a facility. The investigating officer's testimony at the tier III disciplinary hearing, as well as the misbehavior report, established that petitioner's wife was arrested at the facility after heroin was found in her possession. Upon questioning, she stated that petitioner had solicited her to bring...

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