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MATTER OF GOGOLA v. REYNOLDS

212 A.D.2d 928 (1995)

623 N.Y.S.2d 177

In the Matter of Robert K. Gogola, Petitioner, v. Edward F. Reynolds, as Superintendent of Oneida Correctional Facility, et al., Respondents

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

February 16, 1995

Upon review of the record, we find that there is substantial evidence to support the determination that petitioner was guilty of disobeying a direct order and assaulting a correction officer. We further find that petitioner's claim of justification was properly considered in mitigation of the penalty imposed upon petitioner and not as a defense to the charge of assault. Accordingly, there is no reason to disturb the determination...

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