Opinion
June 1, 1995
Appeal from the Supreme Court, Chemung County (Ellison, J.).
Petitioner, a prison inmate, was found guilty of violating a prison disciplinary rule when he exposed himself to a female nurse while she was conducting a sick call. Petitioner contends on this appeal that his due process rights were violated by the Hearing Officer's failure to allow him to call a particular inmate or to recall a correction officer to testify at the hearing. In view of the substantive testimony of other inmates as well as the prior testimony of the correction officer, we agree with Supreme Court that the proffered testimony would be redundant. Accordingly, we find that petitioner's due process rights were not violated.
Mikoll, J.P., Crew III, White, Yesawich Jr. and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.