During a search of petitioner's cell, a correction officer found a toothbrush with two pieces of metal in the end, as well as a can lid underneath some cans on a shelf inside petitioner's locker. As a result, he was charged in a misbehavior report with weapons possession. He was found guilty of the charge at the conclusion of a tier III disciplinary hearing, and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
Contrary...
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