From Casetext: Smarter Legal Research

Matter of Reynolds v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Sep 21, 2000
275 A.D.2d 854 (N.Y. App. Div. 2000)

Opinion

September 21, 2000.

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

Jerry Reynolds, Auburn, petitioner in person.

Eliot Spitzer, Attorney-General (Laura Etlinger of counsel), Albany, for respondents.

Before: Cardona, P.J., Crew III, Carpinello, Graffeo and Mugglin, JJ.


MEMORANDUM AND JUDGMENT

Petitioner was found guilty of violating prison disciplinary rules prohibiting possession of alcohol, property damage and possession of gambling paraphernalia. Contrary to petitioner's contention, the misbehavior report as well as the testimony of its author who recovered the miscellaneous paraphernalia and containers of alcohol provide substantial evidence of petitioner's guilt (see, Matter of Johnson v. Selsky, 271 A.D.2d 770). Furthermore, because the nature of alcoholic beverages is a matter of common knowledge, the correction officer's observations that the liquid substance was alcohol rendered scientific testing of the liquid unnecessary (see, Matter of Everett v. Goord, 253 A.D.2d 932).

We also reject petitioner's challenge to the specificity of the misbehavior report. Although the author of the misbehavior report abbreviated the description of one of the charges, the report was sufficiently specific to enable petitioner to prepare a defense and petitioner failed to demonstrate any prejudice from the alleged defect (see, Matter of McGoey v. Selsky, 260 A.D.2d 814). Petitioner's remaining contentions, including his claim that he did not receive a receipt of the hearing disposition, have been examined and are found to be without merit.

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


Summaries of

Matter of Reynolds v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Sep 21, 2000
275 A.D.2d 854 (N.Y. App. Div. 2000)
Case details for

Matter of Reynolds v. Goord

Case Details

Full title:IN THE MATTER OF JERRY REYNOLDS, Petitioner, v. GLENN S. GOORD, AS…

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

Date published: Sep 21, 2000

Citations

275 A.D.2d 854 (N.Y. App. Div. 2000)
713 N.Y.S.2d 234

Citing Cases

Nicholson v. Goord

Although the results of a urinalysis test were negative, the test was conducted only for drugs and not for…

In the Matter of Mitchell v. Goord

Supreme Court dismissed the petition and this appeal challenging the sufficiency of the misbehavior report…