MATTER OF JOHNSON v. COOMBE


271 A.D.2d 780 (2000)

707 N.Y.S.2d 251

In the Matter of SHON D. JOHNSON, Petitioner, v. PHILIP J. COOMBE, as Commissioner of New York State Department of Correctional Services, et al., Respondents.

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

Decided April 13, 2000.


Petitioner, a prison inmate, challenges a tier III hearing finding him guilty of conspiring to escape. The evidence upon which the Hearing Officer relied included the misbehavior report, the testimony, as well as the confidential testimony, of the investigator who authored the misbehavior report and a comparison of the handwriting in the letter found detailing the plan to escape and petitioner's guidance folder.

Petitioner contends that the determination is not supported...

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