Legal Opinion
Rodriguez v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2012PublishedCited by 8 opinions
1Opinion of the Court
*1295We confirm. Substantial evidence supports the determination of guilt in the form of the misbehavior report and related documentation, as well as the testimony of petitioner’s cellmate and the correction officer who searched the cell (see Matter of Horne v Fischer, 98 AD3d 788, 789 [2012]; Matter of Wallace v Prack, 93 AD3d 1056, 1056 [2012]). Although petitioner maintained that the weapon was not his and had been planted by correction officials seeking retribution against him, that claim presented a credibility issue for the Hearing Officer to resolve (see Matter of Quezada v Fischer, 85 AD3d…
2Cases cited4 opinions
- Quezada v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Horne v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Wallace v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
- Williams v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by8 opinions
- Johnson v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Cox v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- Greathouse v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Green v. TaylorAppellate Division of the Supreme Court of the State of New York · 2013
- Cox v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
3 more not listed; retrieve them via the Exa API.