Opinion
September 17, 1998
Petitioner was found guilty of violating the prison disciplinary rules that prohibit inmates from possessing weapons and altered items after a search of his cell uncovered two sharpened broom sticks. The detailed misbehavior report, together with the testimony of the correction officers who conducted the search and petitioner's admission that the broom sticks were his, provided substantial evidence of petitioner's guilt ( see, Matter of Mitchell v. Coombe, 238 A.D.2d 648). We note that it was for the Hearing Officer to assess petitioner's claim that he had not altered the broom sticks ( see, Matter of Dong Chong v. Goord, 240 A.D.2d 834). Furthermore, we find no error in the Hearing Officer's denial of petitioner's request for various witnesses, inasmuch as the record supports the Hearing Officer's conclusion that the witnesses either had no personal knowledge of the incident or their testimony was irrelevant or redundant ( see, Matter of Purdy v. Senkowski, 242 A.D.2d 804). Petitioner's remaining contentions, including his claims of retaliation and Hearing Officer bias, have been reviewed and found to be without merit.
Mikoll, J.P., Crew III, White, Carpinello and Graffeo, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.