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MATTER OF BINGHAM v. GOORD

302 A.D.2d 837 (2003)

754 N.Y.S.2d 606

In the Matter of SHANE BINGHAM, Petitioner, v. GLENN GOORD, as Commissioner of Correctional Services, Respondent.

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

Decided February 27, 2003.

Based upon a misbehavior report and his plea of guilty to the charges therein, petitioner was found guilty of violating the prison disciplinary rules that prohibit assaulting an inmate, possessing a weapon and engaging in violent conduct. Petitioner appeals, contending that his justification defense was not properly considered by the Hearing Officer. Whether petitioner acted in self defense presented a credibility issue for the...

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