Opinion
July 10, 1987
Appeal from the Supreme Court, Cayuga County, Contiguglia, J.
Present — Callahan, J.P., Doerr, Green, Pine and Lawton, JJ.
Determination unanimously confirmed and petition dismissed. Memorandum: The record contains substantial evidence to support the determination that petitioner possessed contraband. The misbehavior report and the testimony of the reporting officer who discovered the contraband were not rebutted and a razor blade was discovered during a search of petitioner's property while petitioner was confined in the Special Housing Unit (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130; Matter of Smith v. Coughlin, 111 A.D.2d 503; Matter of Kotler v. LeFevre, 111 A.D.2d 584; Matter of Gonzales v. LeFevre, 105 A.D.2d 909). We note that our conclusion is based upon the hearing record, without reference to affidavits attached to respondents' answer.