Legal Opinion

Hawkins v. Coombe

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

Decided March 8, 1996PublishedCited by 10 opinions

1Opinion of the Court

Memorandum: The determination that petitioner violated inmate rule 113.10 (7 NYCRR 270.2 [B] [14] [1] ), prohibiting the possession of contraband that may be classified as a weapon, is supported by substantial evidence (see, Matter of Torres v Coughlin, 213 AD2d 861; Matter of Mabery v Coughlin, 168 AD2d 879, lv denied 77 NY2d 808; cf., Matter of Varela v Coughlin, 203 AD2d 630). The contraband was found under petitioner’s locker located in petitioner’s cell, an area over which petitioner had control. That evidence "is sufficient to give rise to a reasonable inference of petitioner’s…

2Cases cited4 opinions

  1. Torres v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995
  2. Varela v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1994
  3. Mabery v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1990
  4. Rouse v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by10 opinions

  1. Hay v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
  2. Fereira v. CoombeAppellate Division of the Supreme Court of the State of New York · 1997
  3. Lee v. GoordAppellate Division of the Supreme Court of the State of New York · 1997
  4. Mullady v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  5. Polite v. GoordAppellate Division of the Supreme Court of the State of New York · 1998

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