Opinion
May 30, 1985
Appeal from the Supreme Court, Clinton County.
Petitioner is an inmate at Clinton Correctional Facility. During a routine search of petitioner's cell, two sharpened metal objects were discovered. An inmate misbehavior report was issued charging petitioner with violating the rule which prohibits inmates from possessing weapons. A Superintendent's proceeding was held and petitioner was found guilty. As a penalty, petitioner was suspended from his institutional job. An administrative appeal was taken by petitioner and the determination was affirmed. Petitioner then commenced this CPLR article 78 proceeding, alleging that the evidence was insufficient to warrant a finding of guilty. Special Term transferred the proceeding to this court.
An inmate misbehavior report prepared by the correction officer who discovered the objects and indicating what was found and where it was found was read into the record. This court has held that "a statement from a witness with direct knowledge of the incident involved, without more, is sufficient to support a prison disciplinary decision" ( Matter of Vogelsang v. Coombe, 105 A.D.2d 913, lv granted 64 N.Y.2d 609; see, Matter of Garcia v LeFevre, 102 A.D.2d 1004, 1005, revd on other grounds 64 N.Y.2d 1001). Thus, the inmate misbehavior report may be sufficient evidence of petitioner's guilt ( Matter of Burgos v. Coughlin, 108 A.D.2d 194). Furthermore, there is nothing in the record to support petitioner's claim that other inmates might have left the sharpened objects in his cell. Likewise, there is nothing in the record to indicate that the penalty demonstrates doubt as to petitioner's guilt. Accordingly, we find that the administrative determination is supported by substantial evidence and must be confirmed.
Determination confirmed, and petition dismissed, without costs. Kane, J.P., Main, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.