Mojica v. Goord
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Determination unanimously confirmed without costs and petition dismissed. Memorandum: Following a Tier III hearing, petitioner was found guilty of assault on another inmate (7 NYCRR 270.2 [B] [1] [i]) and possession of a weapon (7 NYCRR 270.2 [B] [14] [i]). The misbehavior report constitutes substantial evidence supporting the determination of guilt on both charges (see, People ex rel. Vega v Smith, 66 NY2d 130, 139). According to the misbehavior report, petitioner admitted to a correction officer that he had possessed a razor blade, but had dropped it in the yard. When petitioner was…
2Cases cited1 opinion
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
3Cited by1 opinion
- Montgomery v. GoordAppellate Division of the Supreme Court of the State of New York · 2002