Opinion
October 9, 1997
Appeal from the Supreme Court of Washington County.
Petitioner, a prison inmate, was found guilty of violating prison disciplinary rules prohibiting inmates from possessing a controlled substance, failing to comply with prison frisk or search procedures and refusing to obey a direct order. Substantial evidence supports this determination. The misbehavior report indicated that during a pat frisk petitioner refused to comply with a direct order, issued by the correction officer who authored the report, to drop what he had clenched in his left fist and that, after some resistance, a plastic bag containing a green leafy substance was recovered from petitioner's hand. This report, coupled with the results of a NIK test indicating that the substance tested positive for marihuana, provided substantial evidence to support the determination of guilt as to all of the charges ( see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966). Accordingly, we confirm.
Mercure, J.P., Crew III, Yesawich Jr., Spain and Carpinello, JJ. concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.