Petitioner, an inmate, asked a female correction employee for her assistance in using the computer. When she responded to his request, she found him masturbating in a chair with his pants unzipped and his genitals exposed. As a result, petitioner was charged in a misbehavior report with engaging in lewd conduct. He was found guilty of the charge at the conclusion of a tier III disciplinary hearing and the determination was later affirmed on administrative appeal. This CPLR...
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