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Matter of Feneque v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Dec 10, 1992
188 A.D.2d 819 (N.Y. App. Div. 1992)

Opinion

December 10, 1992

Appeal from the Supreme Court, Albany County.


We reject petitioner's contention that the determination finding him guilty of extortion is not supported by substantial evidence. The Hearing Officer personally interviewed the confidential informant, and the information provided by the informant was sufficiently detailed and corroborated by evidence gathered by a correction officer in investigating the incident in question to allow the Hearing Officer to assess the credibility of the informant and form a basis for the finding of guilt (see, Matter of Martin v Coughlin, 173 A.D.2d 1039; Matter of Rentas v Coughlin, 167 A.D.2d 686). Further, petitioner was told that the informant's identity and information would not be revealed because of safety considerations, and our review of the confidential information supports that decision (see, Matter of Rentas v Coughlin, supra; Matter of Pinargote v Berry, 147 A.D.2d 746, lv denied 74 N.Y.2d 606; Matter of McClean v LeFevre, 142 A.D.2d 911).

Weiss, P.J., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Feneque v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Dec 10, 1992
188 A.D.2d 819 (N.Y. App. Div. 1992)
Case details for

Matter of Feneque v. Selsky

Case Details

Full title:In the Matter of VICTOR FENEQUE, Petitioner, v. DONALD SELSKY, as Director…

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

Date published: Dec 10, 1992

Citations

188 A.D.2d 819 (N.Y. App. Div. 1992)

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