[Download] "Matter William Hicks v. Eugene Lefevre" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Matter William Hicks v. Eugene Lefevre
- Author : Supreme Court of New York
- Release Date : January 08, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
[59 A.D.2d 423 Page 424] Opinion OF THE COURT Petitioner was an inmate at the Clinton Correctional Facility. During the course of an inspection of his cell on the morning of September 14, 1976, certain alleged contraband was discovered. Among this contraband were a list of grievances and accusations against employees of the facility and a letter seeking outside help in mobilizing and organizing [the prison] population. When petitioner returned to his cell that afternoon, he was confined there pending an appearance before the adjustment committee the next morning (7 NYCRR Part 252). That encounter was postponed 24 hours because at the designated time petitioner was meeting with his attorney. Upon his appearance before the adjustment committee on September 16, 1976, petitioner admitted possession of the seized material and offered an explanation for his actions. The committee determined that sufficient evidence existed to support charges against petitioner of (1) organizing unauthorized group activities and (2) creating a threat to the security and order of the institution. A superintendent's proceeding was recommended to consider the charges (7 NYCRR 252.4 [b] [2]) and petitioner was ordered transferred to a special housing unit pending that hearing (7 NYCRR 252.5 [e] [3], 304.1 [d]). Formal written charges for the superintendent's proceeding, scheduled for September 22, 1976 or as soon thereafter as possible, were served on petitioner on September 21, 1976 by a correctional counselor who offered assistance to petitioner. Petitioner requested copies of documents and all available information before answering the charges. The actual proceeding was held on September 27, 1976 and resulted in a determination affirming the charges. Petitioner received a written report containing, among other things, his contentions, a summary of the case, and the disposition ordered. That disposition included confinement in a special housing unit for 60 days, 30 days' loss of good behavior allowance, and the stay of certain institutional privileges while so confined with the [59 A.D.2d 423 Page 425]