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 ERNEST LEE, Petitioner, v. GLENN S. GOORD, as Commissioner of the Department of Correctional Ser

MEMORANDUM AND JUDGMENT

Petitioner, a prison inmate, was found guilty of possessing unauthorized organizational materials and smuggling as the result of an incident in which he was searched and several unauthorized papers were found. Contrary to petitioner's contention, the misbehavior report, together with the testimony of the correction officer who authored the misbehavior report, and the testimony of the correction officer who discovered the unauthorized papers, provide substantial evidence to support the determination of petitioner's guilt (see, Matter of Zarvela v. Goord, ___ A.D.2d ___, ___ 704 N.Y.S.2d 680, 681; Matter of Velez v. Goord, 262 A.D.2d 906). Petitioner's proffered defense that the unauthorized materials were not his but rather belonged to another inmate presented a credibility issue for the Hearing Officer to resolve (see, Matter of Daum v. Goord, ___ A.D.2d ___, ___, 704 N.Y.S.2d 387, 388). We have reviewed petitioner's remaining contentions and find them to be lacking in merit.

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

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

Use AI to get other relevant cases.

Comments

MATTER OF LEE v. GOORD
(May 11, 2000)