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Martinez v. Lacy

Appellate Division of the Supreme Court of New York, Third Department
Oct 29, 1998
254 A.D.2d 668 (N.Y. App. Div. 1998)

Opinion

October 29, 1998


Petitioner, an inmate, was found guilty of assaulting an inmate, fighting and engaging in violent conduct after he participated in an assault on another inmate. According to the misbehavior report, the victim stated that petitioner punched him several times while another inmate choked him. The correction officer who authored the misbehavior report also prepared a memorandum describing his investigation into the incident and his resulting conclusions. Based upon the victim's emotional state during the interview, the nature of his injuries and his willingness to testify at petitioner's disciplinary hearing, the correction officer concluded that the victim's allegations were true. In our view, this evidence, although hearsay, was sufficiently relevant and probative to constitute substantial evidence of petitioner's guilt ( see, Matter of Nina v. Coughlin, 191 A.D.2d 942, lv denied 82 N.Y.2d 651). Finally, we find that the misbehavior report contained adequate detail regarding petitioner's role in the incident ( see, Matter of Rodriguez v. Coombe, 234 A.D.2d 663) and that petitioner was not deprived of the right to call witnesses ( see, Matter of Bryant v. Mann, 160 A.D.2d 1086, lv denied 76 N.Y.2d 706). We have examined petitioner's remaining contentions and find them to be lacking in merit

Cardona, P. J., Mikoll, Mercure, White and Spain, JJ., concur.

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


Summaries of

Martinez v. Lacy

Appellate Division of the Supreme Court of New York, Third Department
Oct 29, 1998
254 A.D.2d 668 (N.Y. App. Div. 1998)
Case details for

Martinez v. Lacy

Case Details

Full title:In the Matter of ROBERTO MARTINEZ, Petitioner, v. PETER LACY, as…

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

Date published: Oct 29, 1998

Citations

254 A.D.2d 668 (N.Y. App. Div. 1998)
679 N.Y.S.2d 726

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