Valdez v. Williams

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The misbehavior report constitutes substantial evidence to support the determination that petitioner violated inmate rules 104.10 (7 NYCRR 270.2 [B] [5] [i]), 104.11 (7 NYCRR 270.2 [B] [5] [ii]), and 104.12 (7 NYCRR 270.2 [B] [5] [iii]) in connection with his role in a major disturbance at the Mohawk Correctional Facility involving 350 inmates, several of whom assaulted correction officers (see, People ex rel. Vega v Smith, 66 NY2d 130, 139). Petitioner’s defense raised an issue of credibility for the…