Berta v. Bennett

Appellate Division of the Supreme Court of New York

Berta v. Bennett

246 A.D.2d 932, 667 N.Y.S.2d 867, 1998 N.Y. App. Div. LEXIS 748

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

DecidedJanuary 29, 1998

StatusPublished

Cited by1 cases

This text of 246 A.D.2d 932 (Berta v. Bennett) 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

Berta v. Bennett, 246 A.D.2d 932, 667 N.Y.S.2d 867, 1998 N.Y. App. Div. LEXIS 748 (N.Y. Ct. App. 1998).

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Opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Following a tier II prison disciplinary hearing, petitioner, an inmate at Elmira Correctional Facility in Chemung County, [933]*933was found guilty of violating a prison disciplinary rule prohibiting inmates from possessing contraband after correction officers found 51 pieces of homemade incense in his cell. Petitioner’s admission that the incense was his, along with the misbehavior report written by the correction officer who confiscated the incense and who identified it as contraband, provided substantial evidence to support the determination of guilt (see, Matter of Sieteski v Di Biase, 242 AD2d 753). Accordingly, we confirm.

Cardona, P. J., Mercure, White, Yesawich Jr. and Peters, 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 Chemung County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Following a tier II prison disciplinary hearing, petitioner, an inmate at Elmira Correctional Facility in Chemung County, [933]*933was found guilty of violating a prison disciplinary rule prohibiting inmates from possessing contraband after correction officers found 51 pieces of homemade incense in his cell. Petitioner’s admission that the incense was his, along with the misbehavior report written by the correction officer who confiscated the incense and who identified it as contraband, provided substantial evidence to support the determination of guilt (see, Matter of Sieteski v Di Biase, 242 AD2d 753). Accordingly, we confirm.

Cardona, P. J., Mercure, White, Yesawich Jr. and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

246 A.D.2d 932, 667 N.Y.S.2d 867, 1998 N.Y. App. Div. LEXIS 748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berta-v-bennett-nyappdiv-1998.

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