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Matter of Alston v. Great Meadow Corr. Fac

Appellate Division of the Supreme Court of New York, Third Department
Jul 9, 1998
252 A.D.2d 697 (N.Y. App. Div. 1998)

Opinion

July 9, 1998


Petitioner was found guilty of violating the prison disciplinary rule that prohibits the possession of a controlled substance after a correction officer observed him accepting an object from another inmate and discovered a quantity of marihuana inside his clothing. Initially, we reject petitioner's contention that the misspelling of his name rendered the misbehavior report defective. The report contained petitioner's correct cell location and inmate identification number and, in any event, petitioner has failed to demonstrate any prejudice resulting from this technical error ( see, Matter of Rivera v. Goord, 248 A.D.2d 902). Finally, we find that the detailed misbehavior report, the positive test results and the testimony of the correction officer who authored the report and conducted the search constituted substantial evidence of petitioner's guilt ( see, Matter of Moley v. Selsky, 245 A.D.2d 588). Petitioner's remaining contentions are either unpreserved for our review or lacking in merit.

Mercure, J.P., Crew III, White, Yesawich Jr. and Graffeo, JJ., concur.

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


Summaries of

Matter of Alston v. Great Meadow Corr. Fac

Appellate Division of the Supreme Court of New York, Third Department
Jul 9, 1998
252 A.D.2d 697 (N.Y. App. Div. 1998)
Case details for

Matter of Alston v. Great Meadow Corr. Fac

Case Details

Full title:In the Matter of RODNEY ALSTON, Petitioner, v. GREAT MEADOW CORRECTIONAL…

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

Date published: Jul 9, 1998

Citations

252 A.D.2d 697 (N.Y. App. Div. 1998)
675 N.Y.S.2d 414

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