Alicea v. Fischer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1246We confirm. The misbehavior report, testimony of the correction officers who performed the search and testimony of the gang expert who identified the poster found in petitioner’s cell as depicting gang-related images provide substantial evidence to support the determination (see Matter of Flournoy v Bezio, 84 AD3d 1636, 1637 [2011]; Matter of Harvey v Bradt, 81 AD3d 1003, 1003 [2011]). Petitioner’s protestations and the testimony of his inmate witness that the poster had been placed in petitioner’s cell without his knowledge raised credibility issues to be resolved by the Hearing Officer (see…
2Cases cited11 opinions
- Quezada v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Harvey v. BradtAppellate Division of the Supreme Court of the State of New York · 2011
- In the Matter of Westchester v. Board of Trustees of State University of New YorkNew York Court of Appeals · 2007
- Perretti v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Flournoy v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by6 opinions
- Kimbrough v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Timmons v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Harris v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- White v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Kimbrough v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
1 more not listed; retrieve them via the Exa API.