Legal Opinion

Sime v. Department of Correctional Services

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

Decided July 9, 1998Published

1Opinion of the Court

*693As a result of an incident in which a prison inmate was cut on the face, petitioner was found guilty of assaulting an inmate and engaging in violent conduct in violation of certain prison disciplinary rules. Among the evidence introduced against petitioner at the disciplinary hearing was the misbehavior report and the annexed investigative report, both prepared by the same correction officer. According to the reports, the victim described his assailant as an inmate known as “Sisco” who matched petitioner’s physical description. After the victim identified petitioner in a photo array,…

2Cases cited4 opinions

  1. Foster v. CoughlinNew York Court of Appeals · 1990
  2. Kalwasinski v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1997
  3. Burt v. McGinnisAppellate Division of the Supreme Court of the State of New York · 1998
  4. McGrue v. SelskyAppellate Division of the Supreme Court of the State of New York · 1997

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