Gauthier v. Goord
Appellate Division of the Supreme Court of the State of New York
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
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
- Bryant v. CoughlinNew York Court of Appeals · 1991
- Hawkins v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
- Cowart v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by1 opinion
- Coleman v. GoordAppellate Division of the Supreme Court of the State of New York · 2000