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Matter of Spirles v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Nov 12, 1992
187 A.D.2d 863 (N.Y. App. Div. 1992)

Opinion

November 12, 1992

Appeal from the Supreme Court, Albany County.


Petitioner was found guilty of assault for stabbing another inmate. We reject petitioner's contention that the determination is unsupported by substantial evidence because the Hearing Officer failed to properly assess the reliability and credibility of the confidential informant. Our in camera review of confidential memoranda and testimony by correction officers satisfies us that the information contained therein was sufficiently detailed, specific and corroborative in nature to enable the Hearing Officer to make an independent determination of credibility of the confidential informant (see, Matter of Machado v Leonardo, 180 A.D.2d 936; Matter of Moore v Coughlin, 170 A.D.2d 723). The information indicated that the confidential informant observed the incident and identified petitioner in a photo array. In addition, the informant's statements were corroborated by the fact that the victim was stabbed twice and by the testimony of a correction officer that he observed petitioner near the victim at the time of the incident. Based on the foregoing, it is our view that there was substantial evidence to support the determination. (see, Matter of Machado v Leonardo, supra; Matter of Carvalho v Coughlin, 176 A.D.2d 387).

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


Summaries of

Matter of Spirles v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Nov 12, 1992
187 A.D.2d 863 (N.Y. App. Div. 1992)
Case details for

Matter of Spirles v. Coughlin

Case Details

Full title:In the Matter of WILLIAM SPIRLES, Petitioner, v. THOMAS A. COUGHLIN, III…

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

Date published: Nov 12, 1992

Citations

187 A.D.2d 863 (N.Y. App. Div. 1992)
589 N.Y.S.2d 955

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