Legal Opinion
Harris v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided May 17, 2012PublishedCited by 4 opinions
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.
A correction officer heard a commotion from behind him while a group of inmates were returning to their cells. When he turned around, he observed petitioner and another inmate in close contact exchanging words and clenching their fists. He noticed that the other inmate had a torn shirt with blood on it and his hand was bleeding. As a result, petitioner was charged…
2Cases cited4 opinions
- Garcia v. BertoneAppellate Division of the Supreme Court of the State of New York · 2012
- Green v. BradtAppellate Division of the Supreme Court of the State of New York · 2010
- Barnes v. PrackAppellate Division of the Supreme Court of the State of New York · 2011
- Williams v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by4 opinions
- Tuitt v. MartuscelloAppellate Division of the Supreme Court of the State of New York · 2013
- Byas v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Byas v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Tuitt v. MartuscelloAppellate Division of the Supreme Court of the State of New York · 2013