White v. Goord

In two misbehavior reports, petitioner was charged with making threats, conspiring to introduce drugs into the facility, attempting to smuggle, bribery/extortion and possessing unauthorized organization materials in violation of the facility’s disciplinary rules. Following a tier III disciplinary hearing, petitioner was found guilty of all charges and that determination was upheld on administrative appeal. This CPLR article 78 proceeding ensued.

Initially, we note that petitioner’s plea of guilty to the charge of possession of unauthorized organization materials that was contained in the…