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Hameed v. Smith

115 A.D.2d 284 Court N.Y. App. Div. Decision date 1985-11-15 English

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p. 284
In the Matter of Larry B. Hameed, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.

Judgment unanimously vacated and petition dismissed. Memorandum: Petitioner was not aggrieved by the adjustment committee report since no finding of guilt was

p. 285
made. However, Special Term erred in directing a finding of guilt on a lesser charge, as it lacked the authority to do so. (Appeal from judgment of Supreme Court, Wyoming County, Conable, J.—art 78.) Present—Hancock, Jr., J. P., Doerr, Den-man, O’Donnell and Pine, JJ.