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Matter of Campbell v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Oct 22, 1998
254 A.D.2d 590 (N.Y. App. Div. 1998)

Opinion

October 22, 1998


Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rules that prohibit inmates from disobeying a direct order, interfering with an employee and creating a disturbance after he ignored orders from correction officers to pack up and move to a different cell. We are unpersuaded by petitioner's contention that the determination must be annulled because portions of the testimony of Sergeant E. Craig, who witnessed the incident, had been recorded over and were therefore missing from the hearing transcript. Even disregarding Craig's testimony entirely, the misbehavior report and the remaining testimony presented at the hearing, including the testimony of the correction officer who gave petitioner numerous direct orders and authored the misbehavior report, provide substantial evidence of petitioner's guilt ( see, Matter of Foster v. Coughlin, 76 N.Y.2d 964). Given this evidence, we do not find Craig's incomplete testimony to be so significant as to preclude meaningful review of the hearing ( see, Matter of Reid v. Coughlin, 219 A.D.2d 746). Furthermore, any alleged inconsistencies in the testimony presented created a credibility issue for the Hearing Officer to resolve ( see, Matter of Reid v. Coughlin, 221 A.D.2d 888). We have reviewed petitioner's remaining contentions, including his claim of Hearing Officer bias, and find them to be without merit.

Cardona, P.J., Mikoll, Mercure, Crew III and Yesawich Jr., JJ., concur.

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


Summaries of

Matter of Campbell v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Oct 22, 1998
254 A.D.2d 590 (N.Y. App. Div. 1998)
Case details for

Matter of Campbell v. Goord

Case Details

Full title:In the Matter of STEVEN CAMPBELL, Petitioner, v. GLENN S. GOORD, as…

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

Date published: Oct 22, 1998

Citations

254 A.D.2d 590 (N.Y. App. Div. 1998)
679 N.Y.S.2d 721

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