Petitioner was charged in one misbehavior report with smuggling and conspiracy to possess drugs and in a second misbehavior report with drug possession. Following a tier III disciplinary hearing concerning both reports, petitioner was found guilty of all charges. The determination was upheld on administrative appeal and this CPLR article 78 proceeding ensued.
Initially, respondent concedes, and upon review of the record we agree, that the charges of smuggling and...
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