Opinion
May 11, 2000.
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
D'Juan Collins, Gowanda, petitioner in person.
Eliot Spitzer, Attorney-General (Patrick Barnett-Mulligan of counsel), Albany, for respondents.
Before: Cardona, P.J., Peters, Spain, Mugglin and Lahtinen, JJ.
MEMORANDUM AND JUDGMENT
Petitioner, a prison inmate, was found guilty of possessing alcohol after a garbage bag containing several gallons of a liquid that smelled like alcohol was found on petitioner's bed. The nature of alcoholic beverages is a matter of common knowledge and, therefore, scientific testing is not required (see, Matter of Sanchez v. Leonardo, 242 A.D.2d 798). The correction officer's observations that the liquid substance looked and smelled like alcohol, together with the misbehavior report, provide substantial evidence to support the determination (see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966; Matter of Nelson v. Coughlin, 209 A.D.2d 621). Petitioner's testimony to the contrary created a credibility issue for the Hearing Officer to resolve (see, Matter of Couch v. Goord, 255 A.D.2d 720). Petitioner's remaining contentions, including his claims of Hearing Officer bias and that a sample of the liquid should have been produced at the hearing, are either unpreserved for our review or without merit.
Cardona, P.J., Peters, Spain, Mugglin and Lahtinen, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.