Gogola v. Reynolds

Appellate Division of the Supreme Court of New York

Gogola v. Reynolds

212 A.D.2d 928, 623 N.Y.S.2d 177, 1995 N.Y. App. Div. LEXIS 1585

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

DecidedFebruary 16, 1995

StatusPublished

Cited by1 cases

This text of 212 A.D.2d 928 (Gogola v. Reynolds) 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

Gogola v. Reynolds, 212 A.D.2d 928, 623 N.Y.S.2d 177, 1995 N.Y. App. Div. LEXIS 1585 (N.Y. Ct. App. 1995).

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Opinion

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

Upon review of the record, we find that there is substantial evidence to support the determination that petitioner was guilty of disobeying a direct order and assaulting a correction [929]*929officer. We further find that petitioner’s claim of justification was properly considered in mitigation of the penalty imposed upon petitioner and not as a defense to the charge of assault. Accordingly, there is no reason to disturb the determination of guilt.

Mikoll, J. P., Mercure, Crew III, 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 Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Upon review of the record, we find that there is substantial evidence to support the determination that petitioner was guilty of disobeying a direct order and assaulting a correction [929]*929officer. We further find that petitioner’s claim of justification was properly considered in mitigation of the penalty imposed upon petitioner and not as a defense to the charge of assault. Accordingly, there is no reason to disturb the determination of guilt.

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

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Bluebook (online)

212 A.D.2d 928, 623 N.Y.S.2d 177, 1995 N.Y. App. Div. LEXIS 1585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gogola-v-reynolds-nyappdiv-1995.

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