Simpson 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 attempted smuggling and conspiring to introduce controlled substances into a facility. The investigating officer’s testimony at the tier III disciplinary hearing, as well as the misbehavior report, established that petitioner’s wife was arrested at the facility after heroin…