Hamlett v. Goord

—Crew III, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits inmates from possessing a weapon. According to the misbehavior report and the testimony adduced at petitioner’s disciplinary hearing, a correction officer conducting a routine search of petitioner’s cell…