During a search of petitioner's cube, a correction officer found a sharpened piece of metal with cloth wrapped around one end as a handle. Petitioner was then charged in a misbehavior report with possessing a weapon. Following a tier III disciplinary hearing, petitioner was found guilty as charged. The determination was affirmed upon administrative review, prompting this CPLR article 78 proceeding.
Substantial evidence does not support the determination of guilt and...
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