Lee v. Goord

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination that petitioner *970violated inmate rule 113.10 (7 NYCRR 270.2 [B] [14] [i]), prohibiting the possession of contraband that may be classified as a weapon, is supported by substantial evidence (see, Matter of Torres v Coughlin, 213 AD2d 861). The metal shank was found under petitioner’s locker in an area over which petitioner had control. That evidence “ ‘is sufficient to give rise to a reasonable inference of petitioner’s possession of the weapon, an inference which is not defeated by the fact…