Opinion
526850
04-11-2019
In the Matter of Brandon LATSON, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Brandon Latson, Attica, petitioner pro se. Letitia James, Attorney General, Albany (Victor Paladino of counsel), for respondent.
Brandon Latson, Attica, petitioner pro se.
Letitia James, Attorney General, Albany (Victor Paladino of counsel), for respondent.
Before: Egan Jr., J.P., Lynch, Mulvey, Aarons and Pritzker, JJ.
MEMORANDUM AND JUDGMENTFollowing an investigation conducted by the Department of Corrections and Community Supervision's Office of Special Investigations, Narcotics Unit, petitioner was charged in a misbehavior report with conspiring to possess drugs, smuggling, violating facility visiting procedures, violating telephone program procedures and engaging in third-party telephone calls. At the ensuing tier III disciplinary hearing, petitioner pleaded guilty to engaging in third-party telephone calls and violating telephone program procedures and was found guilty of the remaining charges at the conclusion of the hearing. That determination was affirmed upon administrative appeal, and this CPLR article 78 proceeding ensued.
We confirm. Contrary to petitioner's contention, the misbehavior report, testimony from the narcotics investigators, recorded telephone calls, positive drug test results on the substances confiscated from petitioner's visitor and confidential documentation provide substantial evidence to support the determination of guilt (see Matter of Bachiller v. Annucci, 166 A.D.3d 1186, 1186, 89 N.Y.S.3d 335 [2018] ; Matter of Blades v. Annucci, 153 A.D.3d 1502, 1503, 60 N.Y.S.3d 724 [2017] ). The confidential information was sufficiently detailed and corroborated for the Hearing Officer to independently assess its reliability (see Matter of Tomlin v. Annucci, 160 A.D.3d 1183, 1184, 75 N.Y.S.3d 116 [2018] ; Matter of Blades v. Annucc i, 153 A.D.3d at 1503, 60 N.Y.S.3d 724 ). Despite the fact that no visit took place and petitioner was never in possession of the drugs, " ‘[i]nmates involved in attempts or conspiracies to violate institutional rules of conduct ... will be punishable to the same degree as violators of such rules’ " ( Matter of Tomlin v. Annucci, 160 A.D.3d at 1184, 75 N.Y.S.3d 116, quoting 7 NYCRR 207.3[b]; see Matter of Devaughn v. Annucci, 157 A.D.3d 1182, 1183, 69 N.Y.S.3d 754 [2018] ). To the extent that petitioner's visitor testified that petitioner did not request that she smuggle drugs into the correctional facility, this created a credibility issue for the Hearing Officer to resolve (see Matter of Bachiller v. Annucci, 166 A.D.3d at 1187, 89 N.Y.S.3d 335 ; Matter of Holmes v. Annucci, 153 A.D.3d 1004, 1005, 56 N.Y.S.3d 900 [2017] ).
Egan Jr., J.P., Lynch, Mulvey, Aarons and Pritzker, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.