Petitioner was charged in a misbehavior report with being out of place, possessing drugs, smuggling and violating frisk procedures. At the conclusion of a tier III disciplinary hearing, petitioner was found not guilty of violating frisk procedures and guilty of the remaining charges, and a penalty was imposed. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding to challenge respondent's determination.
Respondent concedes...
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