Legal Opinion
O'Reilly v. Goord
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 2000PublishedCited by 5 opinions
1Opinion of the Court
—Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner was found guilty after a Tier III hearing of possessing an alcoholic beverage in violation of inmate rule 113.13 (7 NYCRR 270.2 [B] [14] [iv]). Contrary to petitioner’s contention, the determination is supported by substantial evidence. “The nature of alcoholic beverages is a matter of common knowledge and, therefore, scientific testing is not required” (Matter of Sanchez v Leonardo, 242 AD2d 798). The liquid smelled like an alcoholic beverage to both the correction officers who seized it and the…
2Cases cited5 opinions
- Foster v. CoughlinNew York Court of Appeals · 1990
- Nelson v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992
- Thomas v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988
- Sanchez v. LeonardoAppellate Division of the Supreme Court of the State of New York · 1997
- Hinckson v. SelskyAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by5 opinions
- Benito v. CaleroAppellate Division of the Supreme Court of the State of New York · 2013
- Hernandez v. SelskyAppellate Division of the Supreme Court of the State of New York · 2009
- Redmond v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
- Benito v. CaleroAppellate Division of the Supreme Court of the State of New York · 2013
- Grigger v. GoordAppellate Division of the Supreme Court of the State of New York · 2001