Opinion
January 6, 2000
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in St. Lawrence County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Andrew Jelsik, Marcy, petitioner in person.
Eliot Spitzer, Attorney-General (Wayne L. Benjamin of counsel), Albany, for respondent.
Before: CARDONA, P.J., MERCURE, PETERS, SPAIN and GRAFFEO, JJ.
MEMORANDUM AND JUDGMENT
Following the investigation of a tip that petitioner went into protective custody because he failed to pay another inmate money owed for drugs, petitioner was charged with violating the prison disciplinary rule prohibiting the sale or purchase of any drug within a prison facility. Petitioner contends, inter alia, that the misbehavior report was inadequate because it was not written by an officer who witnessed the conduct and did not provide the date, time or location of the alleged incident. We disagree. The misbehavior report clearly set forth the date, time and location of the alleged incident, as well as the factual basis for the change, so as to properly afford petitioner the ability to prepare his defense (see, Matter of Couch v. Goord, 255 A.D.2d 720). Additionally, the misbehavior report, together with the testimony of the confidential informant establishing that petitioner entered into protective custody due to his failure to pay for drugs he had purchased, provided substantial evidence sufficient to support the determination of guilt (see, Matter of Otero v. Coughlin, 225 A.D.2d 841; see also, Matter of Harrison v. Selsky, 222 A.D.2d 914, appeal dismissed 87 N.Y.2d 1054). Any alleged inconsistencies between petitioner's testimony and that of the confidential informant presented issues of credibility for resolution by the Hearing Officer (see, Matter of Baum v. Selsky, 235 A.D.2d 750). Petitioner's remaining contentions have been considered and found to be without merit.
CARDONA, P.J., MERCURE, PETERS, SPAIN and GRAFFEO, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.