Vasquez v. Goord

Appellate Division of the Supreme Court of New York

Vasquez v. Goord

263 A.D.2d 819, 694 N.Y.S.2d 799, 1999 N.Y. App. Div. LEXIS 8251

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

DecidedJuly 22, 1999

StatusPublished

Cited by5 cases

This text of 263 A.D.2d 819 (Vasquez 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

Vasquez v. Goord, 263 A.D.2d 819, 694 N.Y.S.2d 799, 1999 N.Y. App. Div. LEXIS 8251 (N.Y. Ct. App. 1999).

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Opinion

Cardona, P. J.

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

After conducting a search of petitioner’s cell, correction officers found two weapons secreted in the baseboard behind the radiator. Following a tier III hearing, petitioner was found guilty of violating a prison disciplinary rule prohibiting inmates from possessing weapons. In our view, the detailed misbehavior report provides substantial evidence supporting the determination of petitioner’s guilt (see, Matter of Foster v Coughlin, 76 NY2d 964, 966; Matter of Cabral v Great Meadow Correctional Facility, 261 AD2d 746; Jay v Coombe, 233 AD2d 661, 662). Although petitioner denies that the weapons were his and asserts that his cellmate had access to the area in which the [820]*820weapons were found, this is insufficient to defeat the inference of possession by petitioner under these circumstances (see, Matter of Fernandez v Stinson, 251 AD2d 887, 888; see also, Matter of Cabral v Great Meadow Correctional Facility, supra; cf., Matter of Varela v Coughlin, 203 AD2d 630). Petitioner’s remaining contentions have been reviewed and found to be without merit.

Mikoll, Mercure, Peters and Graffeo, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Cardona, P. J.

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

After conducting a search of petitioner’s cell, correction officers found two weapons secreted in the baseboard behind the radiator. Following a tier III hearing, petitioner was found guilty of violating a prison disciplinary rule prohibiting inmates from possessing weapons. In our view, the detailed misbehavior report provides substantial evidence supporting the determination of petitioner’s guilt (see, Matter of Foster v Coughlin, 76 NY2d 964, 966; Matter of Cabral v Great Meadow Correctional Facility, 261 AD2d 746; Jay v Coombe, 233 AD2d 661, 662). Although petitioner denies that the weapons were his and asserts that his cellmate had access to the area in which the [820]*820weapons were found, this is insufficient to defeat the inference of possession by petitioner under these circumstances (see, Matter of Fernandez v Stinson, 251 AD2d 887, 888; see also, Matter of Cabral v Great Meadow Correctional Facility, supra; cf., Matter of Varela v Coughlin, 203 AD2d 630). Petitioner’s remaining contentions have been reviewed and found to be without merit.

Mikoll, Mercure, Peters and Graffeo, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

263 A.D.2d 819, 694 N.Y.S.2d 799, 1999 N.Y. App. Div. LEXIS 8251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vasquez-v-goord-nyappdiv-1999.

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