Venegas v. Irvin

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: We reject the contention of petitioner that there is insufficient evidence to support the determination finding him guilty of possessing drugs in violation of inmate rule 113.12 (7 NYCRR 270.2 [B] [14] [iii]). The misbehavior report, which states that a correction officer observed petitioner throw a marihuana cigarette on the floor of the prison yard, and the fact that the cigarette subsequently tested positive for marihuana constitute substantial evidence to support the determination (see, People ex rel.…