From Casetext: Smarter Legal Research

Matter of Scocozza v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Oct 3, 1991
176 A.D.2d 987 (N.Y. App. Div. 1991)

Opinion

October 3, 1991

Appeal from the Supreme Court, Essex County.


In concluding that petitioner was guilty of a temporary release violation and a urinalysis testing violation, the Hearing Officer relied on the misbehavior report of the correction officer who conducted the testing and his testimony that petitioner had concealed an eye drop bottle on his person and that the sample given to the officer was cold. The Hearing Officer also relied on petitioner's own admission that he had used the eye drop bottle to place liquid in the specimen container. This testimony, coupled with the misbehavior report, constituted substantial evidence to support the determination of guilt (see, Matter of Bernacet v. Coughlin, 145 A.D.2d 802, lv denied 74 N.Y.2d 603). Any conflicts in the testimony presented questions of credibility for the Hearing Officer to resolve (see, Matter of De Torres v Coughlin, 135 A.D.2d 1068, lv denied 72 N.Y.2d 801). We have considered petitioner's remaining contentions and reject them as either unpreserved for review or lacking in merit.

Mahoney, P.J., Weiss, Levine and Mercure, JJ., concur. Adjudged that the determination is confirmed, and petition dismissed, without costs.


Summaries of

Matter of Scocozza v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Oct 3, 1991
176 A.D.2d 987 (N.Y. App. Div. 1991)
Case details for

Matter of Scocozza v. Coughlin

Case Details

Full title:In the Matter of RICK SCOCOZZA, Petitioner, v. THOMAS A. COUGHLIN, as…

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

Date published: Oct 3, 1991

Citations

176 A.D.2d 987 (N.Y. App. Div. 1991)
574 N.Y.S.2d 609

Citing Cases

Matter of Lopez v. Coughlin

Moreover, the petitioner executed a form at the time the specimen was taken, in which he expressly…

Matter of Graham v. Selsky

Although his hospitalization caused him to be absent from his employment, he admitted that he did not call…