New York Court of Appeals

In the Matter of Derek Josey, Appellant v. Glenn S. Goord, as Commissioner of Correctional Services, Respondent

December 20, 20079 N.Y.3d 386

Summary

The New York Court of Appeals affirmed the Appellate Division’s order, holding that the doctrine of res judicata does not bar the Department of Correctional Services from imposing a disciplinary sanction based on a criminal conviction even though the inmate had previously been disciplined for the same incident. The court reasoned that applying res judicata would conflict with the penological purposes of prison disciplinary proceedings.