Johnson v. Goord

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was found guilty of violating the prison disciplinary rules prohibiting smuggling, possession of a controlled substance and refusing to obey a direct order after he was observed, following a visit from his mother, attempting to swallow an object that was later identified as a balloon containing two packets of heroin. Substantial evidence of…