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Matter of Perron v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Dec 30, 1993
199 A.D.2d 903 (N.Y. App. Div. 1993)

Opinion

December 30, 1993

Appeal from the Supreme Court, Clinton County.


Petitioner, an inmate in the State prison system, contends that the determination finding him guilty of attempting to escape, possession of escape items and possession of contraband is not supported by substantial evidence. The latter two infractions are based upon a compass which was found in petitioner's cubicle and are clearly supported by the record. The escape infraction is premised in part upon confidential information and petitioner claims that the Hearing Officer failed to make the requisite findings regarding the credibility and reliability of the confidential information. An examination of the confidential testimony submitted to us for an in camera review establishes the necessary detailed, specific and corroborative evidence to permit the Hearing Officer to make an independent assessment of the confidential informant's credibility and the reliability of the information (see, Matter of Lopez v Lacy, 184 A.D.2d 819), and review of the Hearing Officer's decision reveals that he made such an assessment. In these circumstances, it was not necessary for the Hearing Officer to interview the informant (see, Matter of Harris v Coughlin, 116 A.D.2d 896, lv denied 67 N.Y.2d 610, 1047). The record also contains the necessary basis for the Hearing Officer's refusal to disclose the confidential evidence to petitioner (see, Matter of Feneque v Selsky, 188 A.D.2d 819). We also find no merit in petitioner's claim that the misbehavior report provided insufficient notice of the alleged misconduct.

Weiss, P.J., Crew III, Cardona and White, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Perron v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Dec 30, 1993
199 A.D.2d 903 (N.Y. App. Div. 1993)
Case details for

Matter of Perron v. Coughlin

Case Details

Full title:In the Matter of JAMES PERRON, Petitioner, v. THOMAS A. COUGHLIN, III, as…

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

Date published: Dec 30, 1993

Citations

199 A.D.2d 903 (N.Y. App. Div. 1993)
606 N.Y.S.2d 67

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