Martino v. Goord
Cases that cite this one
19 later published cases cite this decision.
- Fragosa v. Moore (Appellate Division of the Supreme Court of New York 2012)
- Matter of Davis v. Annucci (Appellate Division of the Supreme Court of New York 2017)
- Bernard v. Annucci (Appellate Division of the Supreme Court of New York 2017)
- Bernard v. Annucci (Appellate Division of the Supreme Court of New York 2017)
- Campbell v. Prack (Appellate Division of the Supreme Court of New York 2014)
- Campbell v. Prack (Appellate Division of the Supreme Court of New York 2014)
- White v. State (Appellate Division of the Supreme Court of New York 2013)
- White v. State (Appellate Division of the Supreme Court of New York 2013)
- Senior v. Fischer (Appellate Division of the Supreme Court of New York 2012)
- Senior v. Fischer (Appellate Division of the Supreme Court of New York 2012)
- Faraldo v. Bezio (Appellate Division of the Supreme Court of New York 2012)
- Faraldo v. Bezio (Appellate Division of the Supreme Court of New York 2012)
- Cognata v. Fischer (Appellate Division of the Supreme Court of New York 2011)
- Haynes v. Bezio (Appellate Division of the Supreme Court of New York 2010)
- Cornwall v. Fischer (Appellate Division of the Supreme Court of New York 2010)
- Smart v. New York State Department of Correctional Services (Appellate Division of the Supreme Court of New York 2010)
- Truman v. Fischer (Appellate Division of the Supreme Court of New York 2010)
- Matthews v. Goord (Appellate Division of the Supreme Court of New York 2008)
- Scott v. Fischer (Appellate Division of the Supreme Court of New York 2008)
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 challenges a determination finding him guilty of attempting to smuggle drugs and violating facility visiting procedures. We confirm. The misbehavior report and related documentation, along with the testimony of the investigating correction officer, the correction officer who found the contraband and the correction officer who tested the contraband, provide substantial evidence supporting the determination of guilt (see Matter of Price v Goord, 29 AD3d 1203, 1204 [2006]). Petitioner’s challenge to the chain of custody of the contraband,
Petitioner’s procedural objections also are unpersuasive. The Hearing Officer remedied any alleged defect in the prehearing assistance by ensuring that petitioner received all the documentation which he requested, and petitioner has failed to demonstrate that any inadequacy prejudiced his defense (see Matter of Salaam v Goord, 8 AD3d 776, 777 [2004]; Matter of Blackwell v Goord, 5 AD3d 883, 885 [2004], lv denied 2 NY3d 708 [2004]). Additionally, the record demonstrates that the hearing was conducted in a fair and impartial manner and the determination did not flow from any bias on the part of the Hearing Officer (see Matter of Cayenne v Goord, 16 AD3d 782, 783-784 [2005]). Petitioner’s remaining contentions, to the extent preserved, have been reviewed and determined to be without merit.
Cardona, P.J., Crew III, Carpinello, Rose 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.