Petitioner, a prison inmate, was charged in a misbehavior report with smuggling and unauthorized legal assistance. At the ensuing tier III disciplinary hearing, petitioner pleaded guilty to smuggling and was found guilty of the remaining charge. Petitioner thereafter commenced this CPLR article 78 proceeding which solely challenges the determination of guilt as to the unauthorized legal assistance charge. Upon review, respondent concedes, and we agree, that the determination...
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