Tingling v. Fischer, 108 A.D.3d 989 (N.Y. App. Div. 3d Dep't 2013). · Go Syfert
Tingling v. Fischer, 108 A.D.3d 989 (N.Y. App. Div. 3d Dep't 2013). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 1 distinct court.
Cited for
At page 990 Preclusion from challenging evidence after guilty pleas10 citing cases“In any event, we find that this claim is without merit (see Matter of Pinkney v Goord, 302 AD2d 815, 816 [2003]), as are the remaining claims he raises in his brief.”the opinion's own words at *990 · 7 listed here
  • Matter of Burch v. Venettozzi, 2018 NY Slip Op 2865 (N.Y. App. Div. 3d Dep't 2018).published
    Petitioner's challenge to the chain of custody of his urine sample was not raised at the hearing and is irrelevant in light of his admission to using a controlled substance ( cf. Matter of Tingling v Fischer , 108 AD3d 989, 990 [2013]).
  • Fields v. Prack, 120 A.D.3d 1510 (N.Y. App. Div. 3d Dep't 2014).published 2 cites
    Petitioner is precluded from challenging the sufficiency of the evidence supporting the determination with regard to the drug possession charge because he pleaded guilty to that charge (see Matter of Tingling v Fischer, 108 AD3d 989, 990 […
  • MatterofFieldsvPrack, No. 517921 (N.Y. App. Div. 3d Dep't Sept. 25, 2014).published
    Petitioner is precluded from challenging the sufficiency of the evidence supporting the determination with regard to the drug possession charge because he pleaded guilty to that charge (see Matter of Tingling v Fischer, 108 AD3d 989, 990 […
  • MatterofRobinsonvPrack, No. 517849 (N.Y. App. Div. 3d Dep't July 31, 2014).published
    Petitioner is precluded from challenging the sufficiency of the evidence supporting the determination of guilt in light of his guilty pleas to all charges (see Matter of Tingling v Fischer, 108 AD3d 989, 990 [2013]; Matter of Perez v Bezio…
  • Robinson v. Prack, 119 A.D.3d 1309 (N.Y. App. Div. 3d Dep't 2014).published 2 cites
    Petitioner is precluded from challenging the sufficiency of the evidence supporting the determination of guilt in light of his guilty pleas to all charges (see Matter of Tingling v Fischer, 108 AD3d 989, 990 [2013]; Matter of Perez v Bezio…
  • Ramos v. Annucci, 121 A.D.3d 1486 (N.Y. App. Div. 3d Dep't 2014).published 2 cites
    Inasmuch as petitioner pleaded guilty with explanation to the charge, he is now “precluded from challenging the sufficiency of the evidence supporting the determination of guilt” (Matter of Robinson v Prack, 119 AD3d 1309, 1309 [2014]; see…
  • MatterofRamosvAnnucci, No. 518325 (N.Y. App. Div. 3d Dep't Oct. 30, 2014).published
    Inasmuch as petitioner pleaded guilty with explanation to the charge, he is now "precluded from challenging the sufficiency of the evidence supporting the determination of guilt" (Matter of Robinson v Prack, 119 AD3d 1309, 1309 [2014]; see…
Retrieving the full opinion text from the archive…
In the Matter of Mario Tingling
v.
Brian Fischer, as Commissioner of Corrections and Community Supervision
Appellate Division of the Supreme Court of the State of New York.
Jul 25, 2013.
Published opinion
108 A.D.3d 989
Cited by 10 opinions  |  Published

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.

During a pat frisk which led to a strip frisk, petitioner was found to have in his possession two packets containing a green leafy substance. The substance tested positive for marihuana. As a result, he was charged in a misbehavior report with possessing a controlled substance. At the tier III disciplinary hearing, petitioner pleaded guilty to the charge and explained that he was carrying the drugs for another inmate to pay off a debt. Petitioner was found guilty of the charge and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

[*990] We confirm. Petitioner is precluded from challenging the sufficiency of the evidence supporting the determination of guilt because he pleaded guilty with explanation to the charge (see Matter of Perez v Bezio, 98 AD3d 1148, 1149 [2012]; Matter of Ayrhart v Fischer, 94 AD3d 1310, 1311 [2012]). While he claims that the proper procedure for establishing the chain of custody of the substance tested was not followed (see 7 NYCRR 1010.4 [b]), this is irrelevant in light of his admission to possessing a controlled substance. In any event, we find that this claim is without merit (see Matter of Pinkney v Goord, 302 AD2d 815, 816 [2003]), as are the remaining claims he raises in his brief.

Rose, J.P., Stein, McCarthy and Egan Jr., JJ, concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.