MATTER OF JIMINEZ v. BERRY


203 A.D.2d 815 (1994)

612 N.Y.S.2d 974

In the Matter of Dario Jiminez, Petitioner, v. Carl D. Berry, as Superintendent of Woodbourne Correctional Facility, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 28, 1994


The misbehavior report was authored by the correction officer who witnessed the incident. In addition, at the hearing that officer confirmed what she wrote in the report and testified that she personally observed petitioner engaged in a sexual activity during an outside visit. Under the circumstances, the misbehavior report, coupled with the hearing testimony, provides substantial evidence to support the finding of guilt. Petitioner's contentions to the contrary merely raise...

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