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 ARTHUR HAWKINS, Petitioner, v. PHILIP COOMBE, JR., as Acting Commissioner of New York State Department of Correctional Ser

Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination that petitioner violated inmate rule 113.10 ( 7 NYCRR 270.2 [B] [14] [i]), prohibiting the possession of contraband that may be classified as a weapon, is supported by substantial evidence ( see, Matter of Torres v Coughlin, 213 A.D.2d 861; Matter of Mabery v Coughlin, 168 A.D.2d 879, lv denied 77 N.Y.2d 808; cf., Matter of Varela v Coughlin, 203 A.D.2d 630). The contraband was found under petitioner's locker located in petitioner's cell, an area over which petitioner had control. That evidence "is sufficient to give rise to a reasonable inference of petitioner's possession of the weapon, an inference which is not defeated by the fact that other inmates had access to [that] area" ( Matter of Torres v Coughlin, supra, at 861; see, Matter of Mabery v Coughlin, supra, at 879). Moreover, petitioner's denial of any knowledge of the weapon presented an issue of credibility for the Hearing Officer ( see, Matter of Rouse v Coughlin, 219 A.D.2d 858, lv denied 87 N.Y.2d 806; Matter of Torres v Coughlin, supra).

Use AI to get other relevant cases.

Comments

MATTER OF HAWKINS v. COOMBE
(Mar 8, 1996)