Opinion
September 14, 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 certain prison disciplinary rules.
Richard Pabon, Gouverneur, petitioner in person.
Eliot Spitzer, Attorney-General (Peter G. Crary of counsel), Albany, for respondents.
Before: Cardona, P.J., Peters, Spain and Mugglin, JJ.
MEMORANDUM AND JUDGMENT
Petitioner was found guilty of violating inmate rules against possessing altered items, contraband, stolen property and facility documents without authorization, as well as making false statements and impersonation. Initially, the record reveals that petitioner pleaded guilty to the charge of possessing contraband and, therefore, is precluded from asserting that the determination is not supported by substantial evidence (see, Matter of Shire v. Coombe, 240 A.D.2d 823). Contrary to petitioner's contention, the misbehavior report, the testimony offered at the hearing as well as the exhibits provide substantial evidence of petitioner's guilt on all charges (see, Matter of Cunningham v. Goord, ___ A.D.2d ___ [July 20, 2000]). We also reject petitioner's proffered defenses including his contention that he did not steal the documents himself. These assertions raised a credibility issue properly resolved by the Hearing Officer (see, Matter of Rivera v. Goord, ___ A.D.2d ___ [July 20, 2000]). Petitioner's remaining contentions have been examined and are found to be without merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.