Legal Opinion

Gauthier v. Goord

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

Decided November 12, 1999PublishedCited by 1 opinion

1Opinion of the Court

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: The misbehavior report, augmented *856by the testimony of two correction officers, constitutes substantial evidence to support the determination that petitioner violated inmate rule 113.10 (7 NYCRR 270.2 [B] [14] [i] [possession of a weapon]; see, Matter of Bryant v Coughlin, 77 NY2d 642, 647; People ex rel. Vega v Smith, 66 NY2d 130, 139). Although the shank was found outside petitioner’s cell window, it was attached to a piece of dental floss that was secured to petitioner’s window by a paper clip. It was…

2Cases cited4 opinions

  1. People ex rel. Vega v. SmithNew York Court of Appeals · 1985
  2. Bryant v. CoughlinNew York Court of Appeals · 1991
  3. Hawkins v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
  4. Cowart v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by1 opinion

  1. Coleman v. GoordAppellate Division of the Supreme Court of the State of New York · 2000

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