Hernandez v. Coughlin

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

According to the correction officer who authored one of the misbehavior reports and witnessed the incident at issue, he observed petitioner lunge at a fellow inmate with a weapon. The officer testified that he saw the weapon petitioner used and threw away as he was fleeing, and the officer positively identified the weapon upon its subsequent retrieval.…