Legal Opinion

Dawes v. Selsky

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

Decided September 30, 1997No. Appeal No. 2Published

1Opinion of the Court

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: Contrary to the contention of petitioner, the determination that he violated inmate rules 113.10 (7 NYCRR 270.2 [B] [14] [i] [possession of contraband]) and 114.10 (7 NYCRR 270.2 [B] [15] [i] [smuggling]) is supported by substantial evidence (see, Matter of Mabery v Coughlin, 168 AD2d 879, lv denied 77 NY2d 808; Matter of Shakoor v Coughlin, 165 AD2d 917, 918, appeal dismissed 77 NY2d 866). Petitioner was not denied his right to present evidence in support of his defense; he failed to show that the…

2Cases cited6 opinions

  1. Nelson v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992
  2. Shakoor v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1990
  3. Mabery v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1990
  4. Rosa v. CoombeAppellate Division of the Supreme Court of the State of New York · 1997
  5. Gardiner v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993

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