Archie v. Great Meadow Correctional Facility

Appellate Division of the Supreme Court of New York

Archie v. Great Meadow Correctional Facility

243 A.D.2d 808, 665 N.Y.S.2d 349, 1997 N.Y. App. Div. LEXIS 9689

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 9, 1997

StatusPublished

Cited by5 cases

This text of 243 A.D.2d 808 (Archie v. Great Meadow Correctional Facility) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Archie v. Great Meadow Correctional Facility, 243 A.D.2d 808, 665 N.Y.S.2d 349, 1997 N.Y. App. Div. LEXIS 9689 (N.Y. Ct. App. 1997).

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Opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was found guilty of violating prison disciplinary rules prohibiting inmates from possessing a controlled substance, failing to comply with prison frisk or search procedures and refusing to obey a direct order. Substantial evidence supports this determination. The misbehavior report indicated that during a pat frisk petitioner refused to comply with a direct order, issued by the correction officer who authored the report, to drop what he had clenched in his left fist and that, after some resistance, a plastic bag containing a green leafy substance was recovered from petitioner’s hand. This report, coupled with the results of a NIK test indicating that the substance tested positive for marihuana, provided substantial evidence to support the determination of guilt as to all of the charges (see, Matter of Foster v Coughlin, 76 NY2d 964, 966). Accordingly, we confirm.

Mercure, J. P., Crew III, Yesawich Jr., Spain and Carpinello, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was found guilty of violating prison disciplinary rules prohibiting inmates from possessing a controlled substance, failing to comply with prison frisk or search procedures and refusing to obey a direct order. Substantial evidence supports this determination. The misbehavior report indicated that during a pat frisk petitioner refused to comply with a direct order, issued by the correction officer who authored the report, to drop what he had clenched in his left fist and that, after some resistance, a plastic bag containing a green leafy substance was recovered from petitioner’s hand. This report, coupled with the results of a NIK test indicating that the substance tested positive for marihuana, provided substantial evidence to support the determination of guilt as to all of the charges (see, Matter of Foster v Coughlin, 76 NY2d 964, 966). Accordingly, we confirm.

Mercure, J. P., Crew III, Yesawich Jr., Spain and Carpinello, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

243 A.D.2d 808, 665 N.Y.S.2d 349, 1997 N.Y. App. Div. LEXIS 9689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/archie-v-great-meadow-correctional-facility-nyappdiv-1997.

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