AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

In the Matter of BILLY McNAIR, Petitioner, v. GLENN S. GOORD, as Commissioner of the Department of Correctional Ser

Petitioner, a prison inmate, was found guilty of lewd exposure in violation of a prison disciplinary rule after a correction officer witnessed petitioner masturbating in his cell. Contrary to petitioner's assertion, the misbehavior report, together with the testimony of the correction officer who authored the misbehavior report after observing petitioner's conduct, provides substantial evidence of petitioner's guilt (see, Matter of Reynoso v. Goord, 257 A.D.2d 921, 684 N.Y.S.2d 672, lv denied 93 N.Y.2d 806). Petitioner's exculpatory explanation, that he was merely applying medicine due to a medical condition, presented a credibility issue for resolution by the Hearing Officer (see,Matter of Burgos v. Commissioner of N.Y. State Dept. of Correctional Servs., 252 A.D.2d 698). Furthermore, we reject petitioner's allegation of Hearing Officer bias, as the record fails to establish that the outcome of the hearing flowed from any bias.

MIKOLL, J.P., YESAWICH JR., PETERS, CARPINELLO and GRAFFEO, JJ., concur.

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

Use AI to get other relevant cases.

Comments

MATTER OF McNAIR v. GOORD
(Oct 21, 1999)