Harewood v. Leclaire

Green and Pine, JJ. (dissenting).

We respectfully dissent because, in our view, the determination that petitioner violated the inmate rules at issue is not supported by substantial evidence (see generally People ex rel. Vega v Smith, 66 NY2d 130, 139 [1985]). According to the misbehavior report, petitioner was released from his cell to go to his job at the mess hall, but he was not present in the mess hall area when an inmate count was conducted. At the tier II hearing, petitioner testified that, after he was released from his cell, he asked a correction officer whether the law library officer…