Opinion
September 26, 1991
Appeal from the Supreme Court, Washington County.
While petitioner does not dispute the fact that two razor blades were found in the locker in his cell, he claims that the weapons were planted there. The fact that the weapons were found in his cell gave rise to an inference of impropriety (see, Matter of Hernandez v. LeFevre, 150 A.D.2d 954, 955, lv denied 74 N.Y.2d 615), even though others may have had access to his cell (see, Matter of Caldwell v. Coughlin, 148 A.D.2d 905). Petitioner's denial of any knowledge of the razor blades merely created an issue of credibility to be resolved by the Hearing Officer (see, Matter of Hernandez v. LeFevre, supra, at 955; Matter of Siders v. LeFevre, 145 A.D.2d 874, 875). Finally, the misbehavior report, which was authored by the correction officer who discovered the razor blades, alone constituted substantial evidence to support the determination (see, Matter of Bernacet v Coughlin, 145 A.D.2d 802, lv denied 74 N.Y.2d 603).
Mahoney, P.J., Casey, Yesawich Jr. and Mercure, JJ., concur. Adjudged that the determination is confirmed, and petition dismissed, without costs.