Hernandez 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 a prison disciplinary rule.

*738Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from possessing weapons. As charged in the misbehavior report, petitioner was one of a group of inmates who were watching television in a facility recreation room when he became annoyed at another inmate for changing the channel. Petitioner went back to his cube, retrieved a…