Rogers v. Coughlin

—Determination unanimously confirmed and petition dismissed. Memorandum: Respondents’ determination that petitioner was guilty of violating prison disciplinary rules 1.00 (7 NYCRR 270.2 [A]; violation of Penal Law), 113.12 (7 NYCRR 270.2 [B] [14] [iii]; conspiracy to sell controlled substances) and 114.10 (7 NYCRR 270.2 [B] [15] [i]; smuggling) is supported by substantial evidence (see, Matter of Perez v Wilmot, 67 NY2d 615). The misbehavior report and the testimony of Correction Officer Dunleavy were "sufficiently relevant and probative to support the findings of the hearing officer” (Matter…