Castro v. Fischer

*1014Initially, with regard to the charge of harassment, the Attorney General concedes, and we agree, that substantial evidence does not support the finding of guilt (see Matter of Smith v Fischer, 85 AD3d 1481, 1482 [2011]; Matter of Correnti v Fischer, 83 AD3d 1354, 1355 [2011]). Inasmuch as the penalty included a recommended loss of good time, the matter must be remitted to respondent for a redetermination of the penalty (see Matter of Nimmons v Fischer, 85 AD3d 1460, 1462 [2011]; Matter of Correnti v Fischer, 83 AD3d at 1355).

With regard to the stalking charge, an inmate may be found guilty…