MATTER OF JAMES v. COOMBE


234 A.D.2d 848 (1996)

651 N.Y.S.2d 940

In the Matter of Ronnie James, Petitioner, v. Philip Coombe, Jr., as Commissioner of The New York State Department of Correctional Services, et al., Respondents

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

December 19, 1996


Petitioner was found guilty of violating the prison disciplinary rules that prohibit inciting a demonstration and creating a disturbance. He challenges the determination of his guilt on the ground that it was not based upon substantial evidence. We disagree. Adduced in evidence against petitioner was the misbehavior report which related that petitioner had erroneously informed various inmates, on their way into and out of tier I disciplinary hearings, that the correction...

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