Perez v. Coughlin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Determination unanimously confirmed and petition dismissed. Memorandum: The determination that petitioner violated rule 113.10 (7 NYCRR 270.2 [B] [14] [i]) by possessing a razor blade in his cell is supported by substantial evidence (see, People ex rel. Vega v Smith, 66 NY2d 130). The written misbehavior report stated that a razor blade was found secreted behind a picture in a photo album in petitioner’s cell. At a Tier III disciplinary hearing, petitioner entered a plea of guilty. Petitioner admitted possessing the razor blade and stated that he used it only to cut cardboard and sharpen…
2Cases cited1 opinion
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
3Cited by2 opinions
- Sparks v. CoombeAppellate Division of the Supreme Court of the State of New York · 1997
- Allah v. SelskyAppellate Division of the Supreme Court of the State of New York · 1999