Opinion
May 9, 1991
Appeal from the Supreme Court, Chemung County.
Although petitioner contended that he was attacked by another inmate with a weapon, the fact that the weapon (a razor blade) was found in his cell gave rise to an inference of impropriety (see, Matter of Hernandez v LeFevre, 150 A.D.2d 954, lv denied 74 N.Y.2d 615). This is true even though others may have had access to petitioner's cell (see, Matter of Caldwell v Coughlin, 148 A.D.2d 905). Therefore, petitioner's denial of any knowledge of the weapon merely created an issue of credibility to be resolved by respondent Commissioner of Correctional Services (see, supra). Considering the record in its entirety, the determination that petitioner was guilty of possessing a weapon was based upon substantial evidence and should be upheld (see, Matter of Pike v Coughlin, 78 A.D.2d 937).
Determination confirmed, and petition dismissed, without costs. Casey, J.P., Weiss, Mikoll and Levine, JJ., concur.