PEOPLE EX REL. VEGA v. SMITH


66 N.Y.2d 130 (1985)

The People of the State of New York ex rel. Saul Vega, Respondent, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Appellants. The People of the State of New York ex rel. Joseph Corcoran, Respondent, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Appellants. In the Matter of Brother Andre Porter, Respondent, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Appellants. In the Matter of Handel Semper, Respondent, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, Appellant. In the Matter of Wesley Primo, Respondent, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Appellants. In the Matter of Edward Nesmith, Respondent, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 15, 1985.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Martin A. Hotvet, Robert Hermann and Peter H. Schiff of counsel), for appellants.

Leigh E. Anderson and Norman P. Effman for respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, ALEXANDER and TITONE concur.


KAYE, J.

These six appeals involving prison disciplinary hearings put before us the question whether, consistent with the State law requirement of "substantial evidence" for administrative determinations and the Federal constitutional requirement of due process, written misbehavior reports can serve as the evidentiary basis for determinations that inmates violated institutional rules. We answer that question...

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