AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges

In the Matter of CLARENCE JOHNSON, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Ser

At the conclusion of a tier II disciplinary hearing, petitioner was found guilty of possessing property in an unauthorized area and smuggling. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding challenging the determination.

We confirm. We find that the misbehavior report, coupled with petitioner's admissions during the hearing, provide substantial evidence to support the determination ( see Matter of Rivera v Leclaire, 54 AD3d 465, appeal dismissed 12 NY3d 735; Matter of Raqiyb v Goord, 24 AD3d 1013). Petitioner admitted during the hearing that he carried a crochet hook and yarn into the yard in his net bag in violation of the rule prohibiting arts and crafts items in that area. The record also establishes that petitioner had other items wrapped in a towel that were not among those listed as being permitted in the yard. We are unpersuaded by petitioner's contention that an item must be found to be contraband in order to support a charge of smuggling.

Petitioner's remaining contentions have been examined and found to be without merit.

Adjudged that the determination is confirmed, without costs, and petition dismissed.

Use AI to get other relevant cases.

Comments

IN RE JOHNSON
(Nov 12, 2009)