Reed v. Goord

Determination unanimously modified on the law and as modified confirmed without costs and matter remitted to respondent for further proceedings in accordance with the following Memorandum: The misbehavior report and the testimony of its author at the Tier III hearing constitute substantial evidence supporting the determination that petitioner violated inmate rules 104.13 (7 NYCRR 270.2 [B] [5] [iv]) and 106.10 (7 NYCRR 270.2 [B] [7] [i]) (see, People ex rel. Vega v Smith, 66 NY2d 130, 139). Respondent concedes, however, that the determination that petitioner violated inmate rule 107.11 (7…