Smith v. Prack

Summary

The New York Appellate Division, Third Department annulled a prison disciplinary determination finding the petitioner guilty of making a false statement and counterfeiting a document. The court held that substantial evidence did not link the petitioner to the final packet containing the allegedly false information and directed that all references to the determination be expunged from his institutional record.

Holdings

1. The determination finding petitioner guilty of making a false statement and counterfeiting a document was not supported by substantial evidence because the record did not link him to the final packet submitted to the facility.
2. Because the determination of guilt was annulled, all references to it had to be expunged from petitioner's institutional record.

Questions Presented

1. Whether substantial evidence supported the determination that petitioner violated prison disciplinary rules prohibiting making a false statement and counterfeiting a document.
2. Whether the disciplinary determination should be annulled and references to it expunged from petitioner's institutional record.

Disposition

other