Opinion
94080.
Decided and Entered February 26, 2004.
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 which found petitioner guilty of violating a prison disciplinary rule.
Jose Delos Santos, Romulus, petitioner pro se.
Eliot Spitzer, Attorney General, Albany (Wayne L. Benjamin of counsel), for respondent.
Before Mercure, J.P., Spain, Carpinello, Rose and Lahtinen, JJ.
MEMORANDUM AND JUDGMENT
Petitioner, an inmate, was found guilty of violating the prison disciplinary rule that prohibits inmates from possessing unauthorized organizational material. The misbehavior report relates that when processing petitioner's property upon his transfer from another facility, various photographs were confiscated from his photo album which contained gang-related hand gestures and statements written on the back. Contrary to petitioner's assertion, the misbehavior report and seized photographs, as well as the testimony of a sergeant trained in such matters and who identified the signs and statements as gang-related, provide substantial evidence of petitioner's guilt ( see Matter of Knickerbocker v. Goord, 276 A.D.2d 1008, 1009; Matter of Sieteski v. Dibiase, 242 A.D.2d 753). Although petitioner asserts that the photographs do not constitute contraband in that they were either taken by prison officials or passed through the mailroom, such gang-related material is clearly prohibited by the prison disciplinary rule ( see 7 NYCRR 105.12; Matter of Johnson v. Goord, 260 A.D.2d 816; Matter of Sieteski v. Dibiase, supra at 753; Matter of Jenkins v. Senkowski, 221 A.D.2d 779, 779; but see Matter of Morrero v. Coombe, 236 A.D.2d 887, 888 ).
Mercure, J.P., Spain, Carpinello, Rose and Lahtinen, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.