MATTER OF PENA v. GOORD


253 A.D.2d 915 (1998)

678 N.Y.S.2d 306

In the Matter of Edmond Pena, Petitioner, v. Glenn Goord, as Commissioner of Correctional Services, Respondent

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

September 10, 1998


Petitioner pleaded guilty to the unauthorized use of controlled substances and failing to comply with temporary release programming rules and regulations in violation of prison disciplinary rules after petitioner's urine tested positive for both opiates and cannabinoids. Petitioner now challenges the determination of his guilt contending that the Hearing Officer should not have presided over the hearing because he interviewed petitioner (albeit on another matter) and requested...

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