MATTER OF BROWN v. COOMBE


241 A.D.2d 644 (1997)

660 N.Y.S.2d 87

In the Matter of Delano Brown, Petitioner, v. Philip J. Coombe, Jr., as Commissioner of The Department of Correctional Services, et al., Respondents

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

July 10, 1997


Petitioner was found guilty of possession of a weapon after a search of his cell disclosed a six-inch long metal rod secreted in his mattress. Petitioner challenges the determination of his guilt contending, inter alia, that the Hearing Officer failed to assess the reliability of the confidential informant whose tip led to the search. It is well settled, however, that when a determination of guilt does not depend upon the credibility of confidential information, there...

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