Opinion
July 16, 1993
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Callahan, J.P., Pine, Lawton, Doerr and Davis, JJ.
Determination unanimously confirmed and petition dismissed. Memorandum: We reject petitioner's contention that respondents' determination finding him guilty of possession of a weapon was not supported by substantial evidence. The misbehavior report by itself can constitute substantial evidence of an inmate's misconduct (Matter of Perez v. Wilmot, 67 N.Y.2d 615, 616; People ex rel. Vega v. Smith, 66 N.Y.2d 130). In addition to the report, the correction officer who authored the report testified that he found the weapon hidden in the light fixture in petitioner's cell. Although petitioner claimed that the weapon was not his and that the officer had a personal grudge against him, the essential issue at the hearing was credibility, and the Hearing Officer was entitled to credit the charging officer's report and testimony (see, Matter of Perez v. Wilmot, supra, at 617). The contraband was found hidden in petitioner's cell, giving rise to a "`virtually irresistible inference of inmate impropriety'" (Matter of Hernandez v. LeFevre, 150 A.D.2d 954, 955, lv denied 74 N.Y.2d 615; see, Matter of Sanchez v Coughlin, 132 A.D.2d 896, 898). There is no merit to the other claims of impropriety raised in the petition.