Opinion
February 11, 1993
Appeal from the Supreme Court, Albany County.
We reject petitioner's contention that the Hearing Officer erred in not personally interviewing the confidential informant who was an eyewitness to the incident. Although the Hearing Officer relied on the investigating officer's written confidential report and testimony regarding the officer's interview with the informant, the record shows that the Hearing Officer had a sufficient basis to make his own independent assessment of the informant's credibility (see, Matter of Hodges v Coughlin, 180 A.D.2d 942). The information given by the officer was sufficiently detailed and specific to provide an objective basis for concluding that the informant was believable (cf., Matter of Huggins v Coughlin, 184 A.D.2d 823; Matter of Kalonji v Coughlin, 157 A.D.2d 941). The confidential transcript demonstrates that the Hearing Officer independently established the informant's trustworthiness and did not simply rely on the investigating officer's assessment of reliability (cf., Matter of Huggins v Coughlin, supra). The Hearing Officer's decision not to interview the informant was also rationally based on the informant's fear of retaliation (see, Matter of Moore v Coughlin, 170 A.D.2d 723).
In addition, respondent's determination was not based solely on the information provided by the informant (cf., supra; see, Matter of Ruiz v Coughlin, 184 A.D.2d 818). The paper and tape found on petitioner matched the paper and tape affixed to the can-top weapon found in the vicinity of the incident. The Hearing Officer personally examined this evidence (see, Matter of Hodges v Coughlin, supra). The evidence relied upon included the confidential information, the misbehavior reports and physical evidence, as well as the testimony at the hearing. This constituted substantial evidence to support the finding of guilt (see, supra). Petitioner's remaining contentions have been considered and found unpersuasive.
Weiss, P.J., Levine, Mercure, Mahoney and Harvey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.