Alicea v. Smith

Froceeding pursuant to CFLR 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 certain prison disciplinary rules.

Following a tier II disciplinary hearing, petitioner was found guilty of altering an electrical device and possessing an altered item. That determination was affirmed upon administrative appeal and this CFLR article 78 proceeding ensued.

Initially, the Attorney General concedes and we concur that *1405the evidence is insufficient to sustain the charge of altering…