Legal Opinion

La Banca v. Goord

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

Decided September 19, 2002PublishedCited by 2 opinions

1Opinion of the Court

Petitioner challenges a tier III disciplinary determination which found him guilty of violating facility correspondence procedures, refusing to obey a direct order and conspiring to introduce controlled substances into the facility. By pleading guilty at his disciplinary hearing to the first two charges, petitioner is precluded from challenging the determination of his guilt thereof on substantial evidence grounds (see Matter of Jones v Goord, 274 AD2d 902, 903; Matter of Goodson v Murphy, 273 AD2d 583). To the extent that petitioner alleges that procedural errors violated his due process…

2Cases cited5 opinions

  1. Delgado v. HurlburtAppellate Division of the Supreme Court of the State of New York · 2001
  2. Jones v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  3. Gittens v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
  4. Simmons v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
  5. Goodson v. MurphyAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by2 opinions

  1. Brodie v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
  2. Antonucci v. DavidAppellate Division of the Supreme Court of the State of New York · 2003

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