Opinion
Decided and Entered: June 21, 2001.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in St. Lawrence County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Michael Perez, Gouverneur, petitioner in person.
Eliot Spitzer, Attorney-General (Peter G. Crary of counsel), Albany, for respondent.
Before: Mercure, J.P., Crew III, Spain, Carpinello and, Rose, JJ.
MEMORANDUM AND JUDGMENT
Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules prohibiting assaulting another inmate, fighting and engaging in unauthorized organizational activities. Initially, we note that petitioner knowingly and voluntarily pleaded guilty to the charges of assault and fighting and, therefore, is precluded from challenging the evidentiary basis for the determination of guilt in connection with those charges (see, Matter of Grof v. Goord, 278 A.D.2d 650; Matter of Garcia v. Goord, 270 A.D.2d 540). Turning to the remaining charge, we find that the misbehavior report, together with petitioner's own testimony, constitute substantial evidence to support the finding of guilt (see, Matter of Knight v. Goord, 267 A.D.2d 523, 524, lv denied 94 N.Y.2d 760). Petitioner's remaining arguments are either unpreserved or lacking in merit.
Mercure, J.P., Crew III, Spain, Carpinello and Rose, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.