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Matter of Hurley v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1997
239 A.D.2d 690 (N.Y. App. Div. 1997)

Opinion

May 1, 1997

Appeal from the Supreme Court (Hemmett, Jr., J.).


While an inmate at Clinton Correctional Facility in Clinton County, petitioner was found guilty of violating prison disciplinary rules prohibiting inmates from engaging in extortion and making threats. He challenges this determination on the ground that he was denied the right to call a particular inmate as a witness at the hearing. Because the proffered testimony of this inmate was irrelevant to the issue of petitioner's guilt or innocence of the charged offenses, petitioner's request for this witness was properly denied ( see, Matter of Dumpson v. Mann, 225 A.D.2d 809, 811, lv denied 88 N.Y.2d 805). Petitioner's remaining contentions are either unpreserved for review or without merit.

Cardona, P.J., Mercure, Crew III, Casey and Carpinello, JJ., concur.

Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Hurley v. Coombe

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1997
239 A.D.2d 690 (N.Y. App. Div. 1997)
Case details for

Matter of Hurley v. Coombe

Case Details

Full title:In the Matter of VINCENT HURLEY, Appellant, v. PHILIP COOMBE, JR., as…

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

Date published: May 1, 1997

Citations

239 A.D.2d 690 (N.Y. App. Div. 1997)
657 N.Y.S.2d 1015

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