Legal Opinion

Barger v. Goord

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

Decided January 30, 2003Published

1Opinion of the Court

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Substantial evidence in the record supports the determination finding petitioner guilty of violating the prison discipli*1002nary rule against unauthorized possession of a controlled substance. The misbehavior report and testimony at the hearing established that three bags of a white powdery substance, later identified by laboratory tests as heroin, were found on…

2Cases cited3 opinions

  1. Smith v. SelskyAppellate Division of the Supreme Court of the State of New York · 2002
  2. Morales v. SelskyAppellate Division of the Supreme Court of the State of New York · 2002
  3. Mendez v. JonesAppellate Division of the Supreme Court of the State of New York · 1991

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