From Casetext: Smarter Legal Research

Matter of Coleman v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Feb 24, 2000
269 A.D.2d 717 (N.Y. App. Div. 2000)

Opinion

February 24, 2000

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 which found petitioner guilty of violating a prison disciplinary rule.

Jermaine Coleman, Auburn, petitioner in person.

Eliot Spitzer, Attorney-General (Wayne L. Benjamin of counsel), Albany, for respondent.

Before: PETERS, J.P., SPAIN, CARPINELLO, GRAFFEO and MUGGLIN, JJ.


MEMORANDUM AND JUDGMENT

Petitioner, a prison inmate, was found guilty of violating a prison disciplinary rule prohibiting inmates from possessing weapons after a search of his cell revealed a blade-type weapon attached to a string located between petitioner's headboard and a wall divider. We reject petitioner's assertion that since the misbehavior report stated the wrong location of where the weapon was found, petitioner did not have adequate detail to provide him notice of the charge (see, Matter of Morris v. Selsky, 264 A.D.2d 925, 694 N.Y.S.2d 821). The record reveals that petitioner was aware that the wrong location was stated in the report and that the Hearing Officer called the correction officer who authored the report to testify to the mistake. In our view, the detailed misbehavior report and testimony by the correction officer who authored the report provide substantial evidence supporting the determination of petitioner's guilt (see, Matter of Gauthier v. Goord, 266 A.D.2d 855, 698 N.Y.S.2d 134; Matter of Vasquez v. Goord, 263 A.D.2d 819, 694 N.Y.S.2d 799). Although petitioner denies that the weapon was his and asserts that other inmates had access to the area, it was attached to a string easily accessible to petitioner. Under these circumstances, petitioner has failed to defeat the inference of possession (see, Matter of Vasquez v. Goord, supra). Petitioner's contention that he had no knowledge of the weapon presented an issue of credibility for the Hearing Officer to resolve (see, Matter of Gauthier v. Goord, supra).

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Coleman v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Feb 24, 2000
269 A.D.2d 717 (N.Y. App. Div. 2000)
Case details for

Matter of Coleman v. Goord

Case Details

Full title:In the Matter of JERMAINE COLEMAN, Petitioner, v. GLENN S. GOORD, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Feb 24, 2000

Citations

269 A.D.2d 717 (N.Y. App. Div. 2000)
704 N.Y.S.2d 669

Citing Cases

Pica v. Selsky

We disagree. The detailed misbehavior report, combined with the testimony of the correction officers…

Matter of Gebremariam v. Goord

Petitioner, a prison inmate, was found guilty of assaulting another inmate, possessing a weapon and engaging…