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Matter of Gibbs v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 16, 1990
159 A.D.2d 1024 (N.Y. App. Div. 1990)

Opinion

March 16, 1990

Appeal from the Supreme Court, Wyoming County, Dadd, J.

Present — Callahan, J.P., Denman, Pine, Balio and Davis, JJ.


Determination unanimously confirmed and petition dismissed. Memorandum: Whether the inmate victim was cut on the leg intentionally or accidentally was a credibility issue for the Hearing Officer to resolve (see, Matter of Perez v Wilmot, 67 N.Y.2d 615; Matter of McKins v Coughlin, 142 A.D.2d 987, lv denied 74 N.Y.2d 603). The Hearing Officer credited the victim's version of the events, and there is substantial evidence in the record to support the determination of guilt.


Summaries of

Matter of Gibbs v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 16, 1990
159 A.D.2d 1024 (N.Y. App. Div. 1990)
Case details for

Matter of Gibbs v. Kelly

Case Details

Full title:In the Matter of RUSSELL GIBBS, Petitioner, v. WALTER R. KELLY, as…

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

Date published: Mar 16, 1990

Citations

159 A.D.2d 1024 (N.Y. App. Div. 1990)

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