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Matter of Vasquez v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jul 22, 1999
263 A.D.2d 819 (N.Y. App. Div. 1999)

Opinion

July 22, 1999

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Jose Vasquez, Malone, petitioner in person.

Eliot Spitzer, Attorney-General (Marcus J. Mastracco of counsel), Albany, for respondents.

Before: CARDONA, P.J., MIKOLL, MERCURE, PETERS and GRAFFEO, JJ.


MEMORANDUM AND JUDGMENT


After conducting a search of petitioner's cell, correction officers found two weapons secreted in the baseboard behind the radiator. Following a tier III hearing, petitioner was found guilty of violating a prison disciplinary rule prohibiting inmates from possessing weapons. In our view, the detailed misbehavior report provides substantial evidence supporting the determination of petitioner's guilt (see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966; Matter of Cabral v. Great Meadow Correctional Facility, 261 A.D.2d 746 [May 13, 1999]; Jay v. Coombe, 233 A.D.2d 661, 662). Although petitioner denies that the weapons were his and asserts that his cellmate had access to the area in which the weapons were found, this is insufficient to defeat the inference of possession by petitioner under these circumstances (see, Matter of Fernandez v. Stinson, 251 A.D.2d 887, 888; see also,Matter of Cabral v. Great Meadow Correctional Facility, supra;cf., Matter of Varela v. Coughlin, 203 A.D.2d 630). Petitioner's remaining contentions have been reviewed and found to be without merit.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Vasquez v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jul 22, 1999
263 A.D.2d 819 (N.Y. App. Div. 1999)
Case details for

Matter of Vasquez v. Goord

Case Details

Full title:In the Matter of JOSE VASQUEZ, Petitioner, v. GLENN S. GOORD, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 22, 1999

Citations

263 A.D.2d 819 (N.Y. App. Div. 1999)
694 N.Y.S.2d 799

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