Mobley v. Dubray

*1056A frisk search of petitioner recovered an 874-inch sharpened metal rod in his right sneaker. As a result, petitioner was charged in a misbehavior report with smuggling and possession of a weapon. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. That determination was administratively affirmed, prompting petitioner to commence this CPLR article 78 proceeding seeking annulment.

We confirm. To the extent that petitioner challenges the determination of guilt on an evidentiary basis, the misbehavior report, together with the corroborating hearing testimony…