Torres v. Goord

Appellate Division of the Supreme Court of New York

Torres v. Goord

242 A.D.2d 800, 661 N.Y.S.2d 1016, 1997 N.Y. App. Div. LEXIS 8638

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

DecidedSeptember 11, 1997

StatusPublished

Cited by5 cases

This text of 242 A.D.2d 800 (Torres v. Goord) 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

Torres v. Goord, 242 A.D.2d 800, 661 N.Y.S.2d 1016, 1997 N.Y. App. Div. LEXIS 8638 (N.Y. Ct. App. 1997).

Pincite

Opinion

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

Based upon the two misbehavior reports and the testimony of the confidential informant, which the Hearing Officer found to be reliable, substantial evidence supports the determination finding petitioner guilty of violating the prison disciplinary rules which prohibit assault on an inmate, possession of a weapon, fighting and being out of place (see, Matter of Abdur-Raheem v Mann, 85 NY2d 113, 119). Our in camera review of the testimony given by the confidential informant, who picked petitioner out of a photographic array and identified him as the assailant, convinces us that the Hearing Officer made an independent assessment of the informant’s credibility (see, Matter of Lyde v Senkowski, 239 AD2d 714). Petitioner’s remaining contentions have been examined and are either unpreserved for our review or lacking in merit.

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

Free access — add to your briefcase to read the full text and ask questions with AI

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

Based upon the two misbehavior reports and the testimony of the confidential informant, which the Hearing Officer found to be reliable, substantial evidence supports the determination finding petitioner guilty of violating the prison disciplinary rules which prohibit assault on an inmate, possession of a weapon, fighting and being out of place (see, Matter of Abdur-Raheem v Mann, 85 NY2d 113, 119). Our in camera review of the testimony given by the confidential informant, who picked petitioner out of a photographic array and identified him as the assailant, convinces us that the Hearing Officer made an independent assessment of the informant’s credibility (see, Matter of Lyde v Senkowski, 239 AD2d 714). Petitioner’s remaining contentions have been examined and are either unpreserved for our review or lacking in merit.

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

Cite This Page — Counsel Stack

Bluebook (online)

242 A.D.2d 800, 661 N.Y.S.2d 1016, 1997 N.Y. App. Div. LEXIS 8638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torres-v-goord-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack