Moore v. Goord

—Determination unanimously modified on the law and as modified confirmed without costs in accordance with the following Memorandum: We agree with petitioner that the determination finding him guilty of violating inmate rule 103.20 (7 NYCRR 270.2 [B] [4] [ii] [unauthorized soliciting]) based on his possession of materials published by the Amfrican Freedom Communion (AFC) is not supported by substantial evidence (see generally, People ex rel. Vega v Smith, 66 NY2d 130,139). There is no proof that he was involved in the solicitation of members *906for that organization. We therefore modify the…