Pena v. Goord
Cases that cite this one
2 later published cases cite this decision.
- Rodriguez v. Selsky (Appellate Division of the Supreme Court of New York 2002)
- Hernandez v. Goord (Appellate Division of the Supreme Court of New York 2002)
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
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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner was found guilty of violating the prison disciplinary rules that prohibit fighting, violent conduct, assault on another inmate and possession of a weapon. Included in the evidence presented at petitioner’s disciplinary hearing were two detailed misbehavior reports and the testimony of the correction officers who authored them. The coauthors of the first report testified that they observed petitioner fighting with another inmate and making what appeared to be stabbing motions in the inmate’s direction. After the officers broke up the fight, petitioner ran into his cell where he was seen throwing something in the toilet. The second inmate was taken to the infirmary where he was treated for stab wounds. The officer who wrote the second misbehavior report testified that after the fight, he conducted a search of petitioner’s cell where he found a five-inch long, sharpened metal shank in the toilet.
We find that substantial evidence supports the determination of petitioner’s guilt (see, Matter of Lunney v Selsky, 275
Cardona, P.J., Mercure, Spain, Carpinello and Lahtinen, 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.