Appellate Division of the Supreme Court of the State of New York September 22, 2011 (Arrington v. Venettozzi)

After a search of petitioner’s cell revealed letters that included gang references, he was served with a misbehavior report charging him with possession of gang materials. Petitioner was found guilty of that charge following a tier III disciplinary hearing. That determination was affirmed on administrative appeal with a reduction in the penalty assessed.