Hernandez v. Fischer, 101 A.D.3d 1306 (N.Y. App. Div. 2012). · Go Syfert
Hernandez v. Fischer, 101 A.D.3d 1306 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: Johnson v. Fischer (nyappdiv, 2013-09-26)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Johnson v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Initially, to the extent that petitioner’s argu ments herein include the charges to which he pleaded guilty, we note that his plea of guilty to the charges of unauthorized exchange and improper use of a mess hall utensil precludes any such challenge (see Matter of Hernandez v Fischer, 101 AD 3d 1306, 1306 [2012]).
discussed Cited as authority (rule) Johnson v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Initially, to the extent that petitioner’s argu ments herein include the charges to which he pleaded guilty, we note that his plea of guilty to the charges of unauthorized exchange and improper use of a mess hall utensil precludes any such challenge (see Matter of Hernandez v Fischer, 101 AD 3d 1306, 1306 [2012]).
discussed Cited as authority (rule) Watson v. New York State Department of Corrections & Community Supervision
N.Y. App. Div. · 2013 · confidence medium
Petitioner’s plea of guilty to being out of place precludes any challenge to that charge (see Matter of Hernandez v Fischer, 101 AD3d 1306, 1306 [2012]), and the misbehavior reports, hearing testimony and relevant documentation support the charges of smuggling and drug use (see Matter of Carrero v Fischer, 106 AD3d 1299, 1299 [2013]; Matter of Harrison v Fischer, 104 AD3d 1032, 1032 [2013]).
discussed Cited as authority (rule) Watson v. New York State Department of Corrections & Community Supervision
N.Y. App. Div. · 2013 · confidence medium
Petitioner’s plea of guilty to being out of place precludes any challenge to that charge (see Matter of Hernandez v Fischer, 101 AD3d 1306, 1306 [2012]), and the misbehavior reports, hearing testimony and relevant documentation support the charges of smuggling and drug use (see Matter of Carrero v Fischer, 106 AD3d 1299, 1299 [2013]; Matter of Harrison v Fischer, 104 AD3d 1032, 1032 [2013]).
Retrieving the full opinion text from the archive…
In the Matter of Jared Hernandez
v.
Brian Fischer, as Commissioner of Corrections and Community Supervision
Appellate Division of the Supreme Court of the State of New York.
Dec 13, 2012.
101 A.D.3d 1306
Cited by 4 opinions  |  Published

Contrary to petitioner’s contention, his plea of guilty to possessing tattoo equipment “precludes any challenge to that portion of the determination” (Matter of Spencer v Goord, 38 AD3d 1028, 1028 [2007], lv denied 9 NY3d 802 [2007]; see Matter of Linnen v Prack, 92 AD3d 986, 987 [2012], lv dismissed 20 NY3d 905 [2012]). As for the weapons possession charge, respondent correctly concedes that it must be annulled due to the unjustified refusal of correction officials to permit petitioner to observe the search of his cell (see Matter of Morales v Fischer, 89 AD3d 1346, 1347 [2011]). Inasmuch as a loss of good time was recommended as part of the penalty imposed, the matter must be remitted so that respondent may reassess the penalty upon the remaining violation (see Matter of Linnen v Prack, 92 AD3d at 987; Matter of Dawes v Venettozzi, 87 AD3d 1219, 1220 [2011], lv denied 18 NY3d 803 [2012]).

[*1307] Peters, P.J., Lahtinen, Spain, Stein and McCarthy, JJ., concur. Adjudged that the determination is modified, without costs, by annulling so much thereof as found petitioner guilty of possessing weapons and imposed a penalty; petition granted to that extent, respondent is directed to expunge all references thereto from petitioner’s institutional record and matter remitted to respondent for an administrative redetermination of the penalty imposed on the remaining violation; and, as so modified, confirmed.