MATTER OF JOHNSON v. COOMBE


244 A.D.2d 664 (1997)

664 N.Y.S.2d 372

In the Matter of Kerwin Johnson, Petitioner, v. Philip 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.

November 13, 1997


Petitioner, a prison inmate, was found guilty of assaulting a fellow inmate in violation of institutional rules. The determination of guilt was affirmed upon administrative appeal, but the penalty imposed was modified to 365 days' confinement in the special housing unit with loss of certain privileges and 12 months' loss of good time. Upon our review of the record, we conclude that the determination must be annulled because petitioner's constitutional and regulatory right...

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