Barca v. Goord

Proceeding pursuant to CFLR 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.

In October 2003, correction officers conducted a search of *773petitioner’s cell, during the course of which one of them discovered a razor-type weapon secreted between the toilet and the cell wall. As a result, petitioner was charged with possession of a weapon and, following a tier III disciplinary hearing, was found guilty as…