Mendez v. Jones

Appellate Division of the Supreme Court of New York

Mendez v. Jones

176 A.D.2d 423, 574 N.Y.S.2d 412, 1991 N.Y. App. Div. LEXIS 12412

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

DecidedSeptember 26, 1991

StatusPublished

Cited by5 cases

This text of 176 A.D.2d 423 (Mendez v. Jones) 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

Mendez v. Jones, 176 A.D.2d 423, 574 N.Y.S.2d 412, 1991 N.Y. App. Div. LEXIS 12412 (N.Y. Ct. App. 1991).

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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 a prison disciplinary rule.

While petitioner does not dispute the fact that two razor blades were found in the locker in his cell, he claims that the weapons were planted there. The fact that the weapons were found in his cell gave rise to an inference of impropriety (see, Matter of Hernandez v LeFevre, 150 AD2d 954, 955, lv denied 74 NY2d 615), even though others may have had access to his cell (see, Matter of Caldwell v Coughlin, 148 AD2d 905). Petitioner’s denial of any knowledge of the razor blades merely created an issue of credibility to be resolved by the Hearing Officer (see, Matter of Hernandez v LeFevre, supra, at 955; Matter of Siders v LeFevre, 145 AD2d 874, 875). Finally, the misbehavior report, which was authored by the correction officer who discovered the razor blades, alone constituted substantial evidence to support the determination (see, Matter of Bernacet v Coughlin, 145 AD2d 802, lv denied 74 NY2d 603).

Mahoney, P. J., Casey, Yesawich Jr. and Mercure, JJ., [424]*424concur. Adjudged that the determination is confirmed, and petition dismissed, without costs.

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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 a prison disciplinary rule.

While petitioner does not dispute the fact that two razor blades were found in the locker in his cell, he claims that the weapons were planted there. The fact that the weapons were found in his cell gave rise to an inference of impropriety (see, Matter of Hernandez v LeFevre, 150 AD2d 954, 955, lv denied 74 NY2d 615), even though others may have had access to his cell (see, Matter of Caldwell v Coughlin, 148 AD2d 905). Petitioner’s denial of any knowledge of the razor blades merely created an issue of credibility to be resolved by the Hearing Officer (see, Matter of Hernandez v LeFevre, supra, at 955; Matter of Siders v LeFevre, 145 AD2d 874, 875). Finally, the misbehavior report, which was authored by the correction officer who discovered the razor blades, alone constituted substantial evidence to support the determination (see, Matter of Bernacet v Coughlin, 145 AD2d 802, lv denied 74 NY2d 603).

Mahoney, P. J., Casey, Yesawich Jr. and Mercure, JJ., [424]*424concur. Adjudged that the determination is confirmed, and petition dismissed, without costs.

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Bluebook (online)

176 A.D.2d 423, 574 N.Y.S.2d 412, 1991 N.Y. App. Div. LEXIS 12412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendez-v-jones-nyappdiv-1991.

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