MATTER OF RIVERA v. GOORD


2 A.D.3d 922 (2003)

767 N.Y.S.2d 701

In the Matter of RAFAEL RIVERA, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

December 4, 2003.


Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule prohibiting inmates from making or possessing alcohol. As related in the misbehavior report, a strong odor of fermentation emanating from petitioner's locker led to its search disclosing two hollowed-out apples in a styrofoam cup, each of which contained an amber liquid that smelled strongly of alcohol.

Substantial evidence of petitioner's guilt was presented at his...

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