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Howard v. Cyr

Appellate Division of the Supreme Court of New York, Third Department
Jan 12, 1995
211 A.D.2d 935 (N.Y. App. Div. 1995)

Opinion

January 12, 1995

Appeal from the Supreme Court, Franklin County.


Upon review of the record, we find that there is substantial evidence to support the determination finding petitioner guilty of leaving his assigned area in the prison without permission and of being out of place when, without permission, he left the infirmary and went to the mess hall. The misbehavior report combined with the testimony of the hearing witnesses were sufficient to establish petitioner's guilt. While petitioner disagrees with the resolution of certain credibility issues, we find no reason on this record to disturb the determination of guilt.

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


Summaries of

Howard v. Cyr

Appellate Division of the Supreme Court of New York, Third Department
Jan 12, 1995
211 A.D.2d 935 (N.Y. App. Div. 1995)
Case details for

Howard v. Cyr

Case Details

Full title:In the Matter of HENRY E. HOWARD, Petitioner, v. E. CYR, as Correction…

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

Date published: Jan 12, 1995

Citations

211 A.D.2d 935 (N.Y. App. Div. 1995)
621 N.Y.S.2d 950