Matter of Cruz v. Goord, 501541.
| Decision Date | 28 June 2007 |
| Docket Number | 501541. |
| Citation | 2007 NY Slip Op 05612,41 A.D.3d 1122,840 N.Y.S.2d 171 |
| Parties | In the Matter of HARRY CRUZ, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent. |
| Court | New York Supreme Court — Appellate Division |
As the result of an investigation, correction officers discovered that petitioner exchanged marihuana with his wife during a visit, asked her to repackage it and to bring it back to the correctional facility during a subsequent visit. Petitioner was thereafter charged in a misbehavior report with smuggling and two counts of possessing or conspiring to possess drugs. Following a tier III disciplinary hearing, he was found guilty of smuggling and one count of conspiring to possess drugs. The determination was affirmed on administrative appeal with a modified penalty. Petitioner then commenced this CPLR article 78 proceeding.
We confirm. The misbehavior report, together with the testimony of its author and the considerable documentary evidence, provide substantial evidence supporting the determination of guilt (see Matter of Lovett v Goord, 26 AD3d 563, 564 [2006]). Petitioner's testimony that he was "set up" by his wife, sister and brother-in-law for failing to cooperate in their plan to smuggle drugs presented a credibility issue for the Hearing Officer to resolve (see Matter of Vann v Goord, 308 AD2d 611, 612 [2003]). Petitioner's procedural claims have either not been preserved for our review or are lacking in merit.
Adjudged that the determination is confirmed, without costs, and petition dismissed.
To continue reading
Request your trial
-
In the Matter of Maurice Daughtry v. Bezio
...of guilt ( see Matter of Bartley v. Fischer, 73 A.D.3d 1363, 1363–1364, 901 N.Y.S.2d 743 [2010]; Matter of Cruz v. Goord, 41 A.D.3d 1122, 1122–1123, 840 N.Y.S.2d 171 [2007]; Matter of Ameen v. Selsky, 25 A.D.3d 1059, 807 N.Y.S.2d 318 [2006] ). The proof established that the items were found......
-
Haynes v. Bezio
...evidence adduced at the hearing, provide substantial evidence supporting the determination of guilt ( see Matter of Cruz v. Goord, 41 A.D.3d 1122, 1122-1123, 840 N.Y.S.2d 171 [2007]; Matter of Vines v. Goord, 19 A.D.3d 951, 952, 798 N.Y.S.2d 526 [2005] ). Petitioner's denial of any wrongdoi......
-
Smart v. N.Y. State Dept. of Corr. Serv.
...determination of guilt ( see Matter of Nelson v. Fischer, 73 A.D.3d 1365, 1366, 900 N.Y.S.2d 692 [2010]; Matter of Cruz v. Goord, 41 A.D.3d 1122, 1122-1123, 840 N.Y.S.2d 171 [2007]; Matter of Horton v. Allard, 25 A.D.3d 1048, 1049, 810 N.Y.S.2d 226 [2006] ). The misbehavior report was prepa......
-
Toste v. Fischer
...v. Bezio, 84 A.D.3d 1623, 1624, 922 N.Y.S.2d 664 [2011], lv. denied 17 N.Y.3d 709, 2011 WL 4089773 [2011]; Matter of Cruz v. Goord, 41 A.D.3d 1122, 1122–1123, 840 N.Y.S.2d 171 [2007] ). Contrary to petitioner's claim, there is nothing in the record to indicate that the Hearing Officer was b......