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Smith v. Goord
Citations: 250 A.D.2d 946; 673 N.Y.S.2d 233; 1998 N.Y. App. Div. LEXIS 5670
Court: Appellate Division of the Supreme Court of the State of New York; May 14, 1998; New York; State Appellate Court
A CPLR article 78 proceeding was initiated to review a determination placing the petitioner in administrative segregation following his conviction for murdering Correction Officer Donna Payant while serving multiple life sentences. Initially sentenced to death, the petitioner’s sentence was later commuted to life imprisonment after the death penalty law was deemed unconstitutional. Following a disciplinary hearing, he received a 15-year placement in a special housing unit for institutional rule violations related to the murder. Prior to the end of that term, the petitioner was recommended for administrative segregation under 7 NYCRR 301.4. This recommendation was upheld after a hearing. The court found substantial evidence supported the decision that the petitioner posed a threat to the safety and security of the prison if placed in the general population, emphasizing the deference owed to prison administrators in assessing security risks. The court noted the petitioner’s violent history, including multiple murders and brutal acts, particularly against women, justified the decision that he was a sexual predator unfit for general population status. The court dismissed the notion that the petitioner’s past confinement without incident indicated rehabilitation, asserting that preventing crime does not equate to good conduct. The argument that enhanced security measures would prevent future incidents was also dismissed. Additionally, the court found no bias in the hearing process and ruled that any procedural errors regarding access to probation reports were harmless. Ultimately, the court confirmed the determination to place the petitioner in administrative segregation and dismissed the petition without costs.