Martinez v. Johnson
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 written misbehavior report, augmented by the testimony of the correction officer who authored it, constitutes substantial evidence to support the determination (see, Matter of Bryant v Coughlin, 77 NY2d 642, 647; People ex rel. Vega v Smith, 66 NY2d 130, 139). There is no support in the record for petitioner’s contention that the misbehavior report was physically tampered with after it was received by the review officer and served on petitioner. In any event, petitioner failed to establish that he…
2Cases cited6 opinions
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
- Bryant v. CoughlinNew York Court of Appeals · 1991
- Ortiz v. RourkeAppellate Division of the Supreme Court of the State of New York · 1997
- Collazo v. CoombeAppellate Division of the Supreme Court of the State of New York · 1997
- Bramble v. MeadAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by6 opinions
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- Jones v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- MOORE, MELVIN v. FISCHER, BRIANAppellate Division of the Supreme Court of the State of New York · 2014
- Moore v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
1 more not listed; retrieve them via the Exa API.