Opinion
July 10, 1997
Appeal from the Supreme Court, Albany County.
Petitioner was found guilty of violating the prison disciplinary rule prohibiting the possession of a weapon. Substantial evidence was presented at petitioner's disciplinary hearing in the form of an inmate misbehavior report written by the correction officer whose search of petitioner had divulged a razor secreted in the collar area of his sweatshirt. This report was "sufficiently relevant and probative" to support the Hearing Officer's finding of guilt ( Matter of Perez v. Wilmot, 67 N.Y.2d 615, 616-617; see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966). Petitioner's contention that the correction officer "planted" the razor on him in retaliation for petitioner's stated intention to file a grievance against him merely presented an issue of credibility for the Hearing Officer to resolve ( see, Matter of Patterson v. Senkowski, 204 A.D.2d 831, 833). Petitioner's remaining contentions have been examined and found to be without merit.
Mikoll, J. P., Mercure, White, Casey and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.