Summary
The New York appellate court upheld a prison disciplinary determination finding the petitioner guilty of conspiring to smuggle and possess drugs, drug use, and a facility correspondence violation. The court concluded that the misbehavior report, confidential testimony, hearing testimony, and documentary evidence provided substantial evidence, and that the report was sufficiently detailed to permit the petitioner to defend himself.
Topics
Practice areas
Questions Presented
- Whether substantial evidence supported the administrative determination finding petitioner guilty of the charged prison disciplinary violations.
- Whether the misbehavior report was sufficiently detailed to allow petitioner to defend himself.
Holdings
- The determination finding petitioner guilty of the remaining prison disciplinary charges was supported by substantial evidence and was properly confirmed.
- The misbehavior report was sufficiently detailed to permit petitioner to defend himself because it was prepared as part of an ongoing investigation.
Factual background
Following an investigation, petitioner was charged in a misbehavior report with conspiring to smuggle and possess drugs, using drugs, and violating facility correspondence rules. He pleaded guilty to the correspondence violation and, after a tier III disciplinary hearing, was found guilty of the remaining charges. The hearing record included the misbehavior report, hearing testimony, confidential testimony, and documentary evidence.
Procedural history
Scivolette was charged with conspiring to smuggle and possess drugs, drug use, and a facility correspondence violation. He pleaded guilty to the correspondence violation and was found guilty of the remaining charges after a tier III disciplinary hearing. The determination was affirmed on administrative appeal, and the Appellate Division confirmed it and dismissed the petition.