Legal Opinion
Polite v. Goord
Appellate Division of the Supreme Court of the State of New York
Decided March 13, 1998PublishedCited by 3 opinions
1Opinion of the Court
—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination that petitioner violated inmate rules 113.10 (7 NYCRR 270.2 [B] [14] [i]) and 113.11 (7 NYCRR 270.2 [B] [14] [ii]) is supported by the misbehavior report, which states that, during a search of petitioner’s cell, the correction officer who wrote the misbehavior report found a metal crossbar wedged inside a desk. That evidence is sufficient to give rise to a reasonable inference that *1018petitioner knowingly possessed a weapon (see, Matter of Hawkins v Coombe, 225 AD2d 1095, 1096; Matter of…
2Cases cited5 opinions
- Martinez v. ScullyAppellate Division of the Supreme Court of the State of New York · 1993
- Jacques v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995
- Torres v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995
- Hawkins v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
- Hay v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by3 opinions
- Ruger v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
- Valdez v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1998
- Poblah v. GoordAppellate Division of the Supreme Court of the State of New York · 1998