Ruger v. Goord

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The written misbehavior report, together with the testimony of its author and the photograph of the weapon found, constitutes substantial evidence to support the determination that petitioner violated inmate rule 113.10 (7 NYCRR 270.2 [B] [14] [i]; see, Matter of Bryant v Coughlin, 77 NY2d 642, 647; Matter of Perez v Wilmot, 67 NY2d 615, 616; Matter of Mosley v Goord, 242 AD2d 906). The contraband was found behind a wall molding in petitioner’s cell, an area over which petitioner had control. The presence…