Hawkins v. Coombe
Cases that cite this one
9 later published cases cite this decision.
- Ruger v. Goord (Appellate Division of the Supreme Court of New York 1998)
- Hay v. Coombe (Appellate Division of the Supreme Court of New York 1996)
- Mullady v. Goord (Appellate Division of the Supreme Court of New York 2000)
- Gauthier v. Goord (Appellate Division of the Supreme Court of New York 1999)
- Bonettis v. Goord (Appellate Division of the Supreme Court of New York 1999)
- Polite v. Goord (Appellate Division of the Supreme Court of New York 1998)
- Fereira v. Coombe (Appellate Division of the Supreme Court of New York 1997)
- Lee v. Goord (Appellate Division of the Supreme Court of New York 1997)
- Santos v. Selsky (Appellate Division of the Supreme Court of New York 1996)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Memorandum: The determination that petitioner violated inmate rule 113.10 (7 NYCRR 270.2 [B] [14] [1] ), prohibiting the possession of contraband that may be classified as a weapon, is supported by substantial evidence (see, Matter of Torres v Coughlin, 213 AD2d 861; Matter of Mabery v Coughlin, 168 AD2d 879, lv denied 77 NY2d 808; cf., Matter of Varela v Coughlin, 203 AD2d 630). The contraband was found under petitioner’s locker located in petitioner’s cell, an area over which petitioner had control. That evidence "is sufficient to give rise to a reasonable inference of petitioner’s possession of the weapon, an inference which is not defeated by the fact that other inmates had access to [that] area” (Matter of Torres v Coughlin, supra, at 861; see, Matter of Mabery v Coughlin, supra, at 879). Moreover, petitioner’s denial of any knowledge of the weapon presented an issue of credibility for the Hearing Officer (see, Matter of Rouse v Coughlin, 219 AD2d 858, lv denied 87 NY2d 806; Matter of Torres v Coughlin, supra). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Oneida County, Murad, J.) Present — Pine, J. P., Wesley, Balio, Davis and Boehm, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.