Legal Opinion
Mendez v. Jones
Appellate Division of the Supreme Court of the State of New York
Decided September 26, 1991PublishedCited by 5 opinions
1Opinion of the Court
— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Washington County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
While petitioner does not dispute the fact that two razor blades were found in the locker in his cell, he claims that the weapons were planted there. The fact that the weapons were found in his cell gave rise to an inference of impropriety (see, Matter of Hernandez v LeFevre, 150 AD2d 954, 955, lv denied 74 NY2d 615), even…
2Cases cited4 opinions
- Bernacet v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988
- Hernandez v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1989
- Siders v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1988
- Caldwell v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by5 opinions
- Morris v. SelskyAppellate Division of the Supreme Court of the State of New York · 1999
- Fugate v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
- Vaughn v. SelskyAppellate Division of the Supreme Court of the State of New York · 2000
- Lopez v. LeonardoAppellate Division of the Supreme Court of the State of New York · 1993
- Barger v. GoordAppellate Division of the Supreme Court of the State of New York · 2003