Legal Opinion
Hemphill v. Selsky
Appellate Division of the Supreme Court of the State of New York
Decided February 2, 2006PublishedCited by 7 opinions
1Opinion of the Court
*549Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Based on a confidential tip that petitioner was returning from the correctional facility recreation yard with a weapon, a correction officer conducted a pat frisk on petitioner. When the correction officer felt something in petitioner’s front pocket and asked what it was, petitioner took his right hand off the wall. As a…
2Cases cited5 opinions
- Vines v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
- Pabon v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
- Cody v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
- Folk v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
- Lopez v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by7 opinions
- Harris v. FletcherAppellate Division of the Supreme Court of the State of New York · 2006
- McAdoo v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
- Nimmons v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Parrilla v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006
- Stolpinski v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2006
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