New York Court of Appeals

In the Matter of Pedro Perez v. John B. Wilmot, as Superintendent of Elmira Correctional Facility

January 14, 198667 N.Y.2d 615

Summary

The Court reversed the Appellate Division and reinstated the Supreme Court judgment dismissing the petition, holding that a written misbehavior report alone can constitute substantial evidence of an inmate's misconduct and that the hearing officer need not call the charging officer for cross‑examination when the inmate asserts a justification defense.