FULLER v. GOORD

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Supreme Court, Appellate Division, Fourth Department, New York.

Matter of James FULLER, Petitioner, v. Glenn S. GOORD, Commissioner, New York State Department of Correctional Services, Respondent.

Decided: November 15, 2002

Present:  WISNER, J.P., HURLBUTT, SCUDDER, GORSKI, and LAWTON, JJ. Wyoming County Attica Legal Aid Bureau, Attica (Edward L. Chassin of Counsel), for Petitioner. Eliot Spitzer, Attorney General, Albany (Daniel Smirlock of Counsel), for Respondent.

 Petitioner commenced this proceeding pursuant to CPLR article 78 challenging the determination revoking his parole.   Petitioner, however, entered a negotiated plea at the final parole revocation hearing, admitting his guilt to 2 of the 10 charges brought against him.   The knowing and voluntary plea of guilty by petitioner precludes his present challenge to the sufficiency of the evidence of guilt (see Matter of Grant v. Goord, 247 A.D.2d 662, 663, 668 N.Y.S.2d 509).   In any event, the guilty plea constitutes substantial evidence of his guilt (see Matter of McCloud v. New York State Div. of Parole, 277 A.D.2d 627, 628, 715 N.Y.S.2d 118, lv. denied 96 N.Y.2d 702, 722 N.Y.S.2d 794, 745 N.E.2d 1016;  Matter of Montanez v. New York State Div. of Parole, 227 A.D.2d 753, 753-754, 642 N.Y.S.2d 355, lv. denied 88 N.Y.2d 814, 651 N.Y.S.2d 15, 673 N.E.2d 1242;  see generally People ex rel. Fryer v. Beaver, 292 A.D.2d 876, 740 N.Y.S.2d 174;  Matter of Westcott v. New York State Bd. of Parole, 256 A.D.2d 1179, 1180, 682 N.Y.S.2d 499).

It is hereby ORDERED that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

MEMORANDUM: