Opinion
No. 533715
06-23-2022
In the Matter of Salvatore Cuppuccino, Petitioner, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Salvatore Cuppuccino, Tallahassee, Florida, petitioner pro se. Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Calendar Date: May 20, 2022
Salvatore Cuppuccino, Tallahassee, Florida, petitioner pro se.
Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Before: Egan Jr., J.P., Aarons, Reynolds Fitzgerald, Ceresia and Fisher, JJ.
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 finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner was charged in a misbehavior report with engaging in violent conduct, engaging in a demonstration, creating a disturbance, engaging in disorderly conduct, interfering with an employee, harassment, refusing a direct order and making threats. According to the misbehavior report, nine incarcerated individuals, including petitioner who was acting as a leader, became agitated and aggressive toward correction officers who were conducting a "frisk" of the incarcerated individuals' refrigerator in the recreation room. The misbehavior report identified petitioner as one of the individuals who approached the correction officers and invaded their personal space, while yelling, making threats and not complying with direct orders to return to their cubes. At the ensuing tier III disciplinary hearing, petitioner pleaded guilty to all charges. Based upon the misbehavior report and petitioner's admission of guilt, the Hearing Officer found petitioner guilty of all charges. Other than a modification of the penalty imposed, the determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.
Because petitioner pleaded guilty to the charges, he is precluded from challenging the sufficiency of the evidence supporting those charges (see Matter of Gonzalez v Annucci, 199 A.D.3d 1146, 1147 [2021]; Matter of Cabrera v Manuel, 188 A.D.3d 1348, 1348 [2020]). Petitioner contends that the guilty pleas were procured under duress as he was subject to and feared further retaliatory attacks against him. A review of the hearing transcript, however, reflects no indication that petitioner was under duress (see Matter of Pequero v Annucci, 156 A.D.3d 986, 986-987 [2017]; Matter of Almonte v Fischer, 70 A.D.3d 1156, 1157 [2010], lv denied 14 N.Y.3d 709 [2010]). To the extent that petitioner challenges the adequacy of the misbehavior report, it is unpreserved for our review as such issue was not raised at the hearing (see Matter of Jones v Annucci, 166 A.D.3d 1174, 1176 [2018]; Matter of Hamilton v Bezio, 76 A.D.3d 1125, 1126 [2010]). Petitioner's remaining contentions are either unpreserved for our review or without merit.
Egan Jr., J.P., Aarons, Reynolds Fitzgerald, Ceresia and Fisher, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.