From Casetext: Smarter Legal Research

Markou v. Goord

Appellate Division of the Supreme Court of New York, Third Department
May 22, 2003
305 A.D.2d 882 (N.Y. App. Div. 2003)

Opinion

91825

May 22, 2003.

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 a prison disciplinary rule.

John Markou, Romulus, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.

Before: Mercure, J.P., Spain, Rose, Lahtinen and Kane, JJ.


MEMORANDUM AND JUDGMENT

Petitioner was found guilty of violating the prison disciplinary rule prohibiting the unauthorized possession of controlled substances. As related in the misbehavior report, petitioner was being escorted from the prison recreation yard when he threw a small packet into a ditch. The packet was retrieved by the reporting correction officer and submitted for laboratory testing which identified its contents as marihuana.

Substantial evidence of petitioner's guilt of the charged misconduct was presented at his disciplinary hearing in the form of the misbehavior report, the laboratory test results, and the testimony of the three correction officers who were directly involved in the incident, i.e., the watch tower officer who first observed petitioner sharing what appeared to be a marihuana cigarette with fellow inmates; the officer who escorted petitioner from the yard and retrieved the packet which petitioner attempted to throw away; and the officer who conducted the NIK testing that identified the packet's contents as marihuana (see Matter of Anderson v. Selsky, 297 A.D.2d 867; Matter of Powell v. Goord, 293 A.D.2d 846). The remaining issues raised by petitioner are either unpreserved for judicial review or lack merit.

Mercure, J.P., Spain, Rose, Lahtinen and Kane, JJ., concur.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Markou v. Goord

Appellate Division of the Supreme Court of New York, Third Department
May 22, 2003
305 A.D.2d 882 (N.Y. App. Div. 2003)
Case details for

Markou v. Goord

Case Details

Full title:In the Matter of JOHN MARKOU, Petitioner, v. GLENN S. GOORD, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 22, 2003

Citations

305 A.D.2d 882 (N.Y. App. Div. 2003)
758 N.Y.S.2d 849