AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
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
Attorney(S)
Judges

In the Matter of ROBERT GROF, Petitioner, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Ser

MEMORANDUM AND JUDGMENT

Having pleaded guilty to the charge of possessing a controlled substance, petitioner is precluded from challenging the evidentiary basis for the determination finding him guilty of that charge (see, Matter of Garcia v. Goord, 270 A.D.2d 540). In any event, the detailed misbehavior report and the test which yielded a positive result for heroin provide substantial evidence to support the determination (see, id.; Matter of Rosario v. Selsky, 266 A.D.2d 656). Petitioner's claim that he was "set up" presented a question of credibility for the Hearing Officer to resolve (see, Matter of Redd v. Kuhlmann, 177 A.D.2d 803) and, by failing to object at the hearing to the sufficiency of the chain of custody and the alleged deficiency in the unusual incident report, petitioner failed to preserve these claims for our review (see, Matter of Garcia v. Goord,supra). Petitioner's claim that he did not receive a copy of the determination is belied by the record, which includes his acknowledgment that he did in fact receive a copy.

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

Use AI to get other relevant cases.

Comments

IN THE MATTER OF GROF v. GOORD
(Dec 14, 2000)