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NY Prisoner’s Disciplinary Hearing Upheld Against Timeliness and Sufficiency of Evidence Challenges

On October 27, 1991, Michael Colantonio, a New York state prisoner, was found bleeding from a cut on his arm. On November 6, 1991, after a short stay at a special observation unit, Colantino admitted cutting himself at his disciplinary hearing. He was found guilty of self-mutilation under NY Inmate R. 123.10 and challenged that finding in state court.

On review, the Supreme Court of New York, Appellate Division, 3rd Dept. upheld the self-mutilation finding. It held that there was no timeliness problem because Colantonio’s hearing took place promptly after his return from special observation, and that since he admitted cutting himself the evidence was sufficient to find that he had done so. See: In the Matter of Colantonio v. Coughlin, 194 A.D. 2d 1015, 599 N.Y.S. 2d (1993).

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Related legal case

In the Matter of Colantonio v. Coughlin