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In the Matter of IVORY SHIRE, Appellant, v. PHILIP COOMBE, JR., as Commissioner of the Department of Correctional Ser

Petitioner pleaded guilty to violating prison disciplinary rules prohibiting inmates from selling or exchanging a controlled substance and smuggling. Our review of the record reveals that petitioner knowingly, intelligently and voluntarily pleaded guilty to the charges contained in the misbehavior report; accordingly, petitioner is precluded from asserting that the determination is not supported by substantial evidence (see, People ex rel. Friedrich v. Smith, 106 A.D.2d 911, 912). Petitioner's remaining contentions have been reviewed and found to be without merit.

Cardona, P.J., Crew III, Yesawich Jr., Peters and Carpinello, JJ., concur.

Ordered that the judgment is affirmed, without costs.

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MATTER OF SHIRE v. COOMBE
(Jun 12, 1997)