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Matter of Smith v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Apr 17, 1986
119 A.D.2d 920 (N.Y. App. Div. 1986)

Opinion

April 17, 1986

Appeal from the Supreme Court, Albany County.


Petitioner, an inmate at Great Meadow Correctional Facility, was charged with violation of these disciplinary rules following a random search of his cell: (a) possession of a controlled substance, (b) possession of unauthorized medicine, and (c) possession of money. Following a hearing, he was found guilty of all charges and the determination was upheld by respondent.

In this proceeding, petitioner seeks annulment on the grounds of lack of sufficient evidence to sustain the charges, failure of the hearing officer to examine the alleged exculpatory evidence, and the lack of a proper foundation for a chemical test of the alleged controlled substance found in his cell. We confirm.

The officer's misbehavior report set forth the requisites to sustain a finding that the contraband material was possessed by petitioner (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139-140; Matter of Gonzales v. LeFevre, 105 A.D.2d 909-910). The documentary evidence which petitioner requested the hearing officer to examine was not relevant to the charges under consideration, and the request was properly denied. Finally, we find no infirmity in procedures followed in establishing the presence of a controlled substance in petitioner's cell or in proving his possession of the other forms of contraband for which he was found guilty (see, Matter of Mason v. LeFevre, 115 A.D.2d 922).

Determination confirmed, and petition dismissed, without costs. Kane, J.P., Casey, Weiss, Mikoll and Levine, JJ., concur.


Summaries of

Matter of Smith v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Apr 17, 1986
119 A.D.2d 920 (N.Y. App. Div. 1986)
Case details for

Matter of Smith v. Coughlin

Case Details

Full title:In the Matter of JOSEPH SMITH, Petitioner, v. THOMAS A. COUGHLIN, III, as…

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

Date published: Apr 17, 1986

Citations

119 A.D.2d 920 (N.Y. App. Div. 1986)