New York Court of Appeals, 1986

Perez v. Wilmot

New York Court of Appeals · Decided January 14, 1986

67 N.Y.2d 615; 499 N.Y.S.2d 659; 490 N.E.2d 526; 1986 N.Y. LEXIS 16718

Cases that cite this one

144 later published cases cite this decision. The 25 that cite it most often are listed here.

Creech v. SCHOELLKOPH (District Court, W.D. New York 2010)
Curl v. Kelly (Appellate Division of the Supreme Court of New York 1986)
MURPHY, KAREEM v. GRAHAM, HAROLD D. (Appellate Division of the Supreme Court of New York 2012)
Murphy v. Graham (Appellate Division of the Supreme Court of New York 2012)
Murphy v. Graham (Appellate Division of the Supreme Court of New York 2012)
Haywood v. Goord (Appellate Division of the Supreme Court of New York 1998)
Oro v. Keane (Appellate Division of the Supreme Court of New York 1995)
Guyton v. Coughlin (Appellate Division of the Supreme Court of New York 1995)
Rodriguez v. Coughlin (Appellate Division of the Supreme Court of New York 1995)
Rouse v. Coughlin (Appellate Division of the Supreme Court of New York 1995)
Vega v. Coughlin (Appellate Division of the Supreme Court of New York 1994)
Medina v. Coughlin (Appellate Division of the Supreme Court of New York 1994)
Rogers v. Coughlin (Appellate Division of the Supreme Court of New York 1993)
Matos v. Walker (Appellate Division of the Supreme Court of New York 1993)
Vega v. Coughlin (Appellate Division of the Supreme Court of New York 1993)
Foster v. Coughlin (N.Y. 1990)
Nell v. Kelly (Appellate Division of the Supreme Court of New York 1988)
Taylor v. Coughlin (Appellate Division of the Supreme Court of New York 1988)
Rogers v. Coughlin (Appellate Division of the Supreme Court of New York 1986)
Matter of Johnson v. Eckert (Appellate Division of the Supreme Court of New York 2022)
Matter of Johnson v. Griffin (Appellate Division of the Supreme Court of New York 2019)
Matter of Ballard v. Kickbush (Appellate Division of the Supreme Court of New York 2018)
MatterofKalwasinskivPrack (Appellate Division of the Supreme Court of New York 2014)
MatterofOrtegavAnnucci (Appellate Division of the Supreme Court of New York 2014)
Kalwasinski v. Prack (Appellate Division of the Supreme Court of New York 2014)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed. A written misbehavior report by itself can constitute substantial evidence of an inmate’s misconduct (People ex rel. Vega v Smith, 66 NY2d 130). The report in this case is sufficiently *617relevant and probative to support the findings of the hearing officer. Petitioner’s bare assertion of the defense of justification does not require the hearing officer to call the charging officer as a witness. The hearing officer has no duty to cross-examine anyone, including the reporting officer (People ex rel. Vega v Smith, supra, p 141). If petitioner wished to cross-examine the charging officer, he had the right to call the officer as a witness (see, Matter of Coleman v Coombe, 65 NY2d 777). However, petitioner did not choose to exercise this right. The only witness called by petitioner could not substantiate his justification defense. Thus, the essential issue at the hearing was credibility, and the hearing officer was entitled to credit the charging officer’s report (People ex rel. Vega v Smith, supra, p 141).

Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander and Titone concur; Judge Hancock, Jr., taking no part.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, without costs, and the judgment of Supreme Court, Dutchess County, dismissing the petition reinstated in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.