Opinion
May 21, 1992
Appeal from the Supreme Court, Clinton County.
Although petitioner was found guilty of violating several disciplinary rules, he challenges only the finding of guilt with respect to the charge of possessing or selling narcotics. The misbehavior report, written by an undercover investigator, described with sufficient specificity the incident whereby petitioner placed a telephone call to the investigator and directed him to mail $250 to a certain address for which petitioner would get him 20 bags of heroin. This report, standing alone, constituted substantial evidence to support the finding of guilt (see, Matter of Bernacet v. Coughlin, 145 A.D.2d 802, lv denied 74 N.Y.2d 603; Matter of Curl v. Kelly, 125 A.D.2d 948). In addition, the in camera testimony also supports the determination (see, Matter of Breland v. Senkowski, 168 A.D.2d 751, 752). Petitioner's denial of the charge raised questions of credibility for the Hearing Officer to resolve (see, Matter of Hernandez v LeFevre, 150 A.D.2d 954, 955, lv denied 74 N.Y.2d 615).
Weiss, P.J., Mikoll, Levine and Mercure, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.