Legal Opinion
Graham v. New York State Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 1991PublishedCited by 4 opinions
1Opinion of the Court
Appeal from a judgment of the Supreme Court (Lewis, J.), entered March 1, 1991 in Clinton County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents finding petitioner guilty of violating certain prison disciplinary rules.
We reject petitioner’s claim that he had a right to be present during the testimony of the prison facility’s Muslim Imam as to whether the pin petitioner wore was a Muslim insignia. The right to be present applies only when an inmate calls a witness (7 NYCRR 253.5 [b]; 254.5 [b]) and not, as was the…
2Cases cited4 opinions
- Berrios v. KuhlmannAppellate Division of the Supreme Court of the State of New York · 1988
- Crowley v. O'KeefeAppellate Division of the Supreme Court of the State of New York · 1989
- Finn v. LeonardoAppellate Division of the Supreme Court of the State of New York · 1990
- Honoret v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by4 opinions
- Lindsay v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995
- Tate v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1995
- Vasquez v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
- Rivera v. GoordAppellate Division of the Supreme Court of the State of New York · 1998