Gonzalez v. Goord
Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, was charged in a misbehavior report with committing a sex offense and engaging in physical contact with another inmate after a correction officer observed him performing a sexual act with the other inmate in the facility auditorium. Following a tier III disciplinary hearing, petitioner was found guilty of both charges and subsequently commenced this CPLR article 78 proceeding challenging the underlying determination. Supreme Court thereafter transferred the matter to this Court for our review.
The misbehavior report and the testimony of the correction officer who authored the report and provided a detailed description of petitioner’s sexual conduct was sufficient to constitute substantial evidence of petitioner’s guilt (see, Matter of
Spain, Carpinello, Graffeo and Mugglin, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.