MATTER OF JOHNSON v. GOORD


283 A.D.2d 842 (2001)

728 N.Y.S.2d 103

In the Matter of WILLIAM JOHNSON, Petitioner, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, Respondent.

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

Decided May 24, 2001.


Spain, J.

Petitioner challenges the determination of guilt—after a tier III hearing—of violating prison disciplinary rules which prohibit extortion and threats of violence. The evidence against petitioner consisted of the misbehavior report and testimony of its author, who did not witness the incident but was told about it by the inmate victim. Although the misbehavior report lists an incident date and time, it is apparent that they refer to the reporting...

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