Opinion
91223
September 19, 2002.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Joseph Anderson, Malone, petitioner pro se.
Eliot Spitzer, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Before: Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ.
MEMORANDUM AND JUDGMENT
Petitioner was found guilty of violating the prison disciplinary rule prohibiting the unauthorized possession of a controlled substance. Substantial evidence of petitioner's guilt was presented at his disciplinary hearing in the form of the detailed misbehavior report, the testimony of correction officers and supporting documentation which confirmed that a random search of petitioner's cell had resulted in the discovery of a substance subsequently identified by laboratory testing as marijuana (see Matter of Laureano v. Senkowski, 277 A.D.2d 613; Matter of Rivera v. Goord, 261 A.D.2d 754). Testimony was given by the correction officers who conducted the search of petitioner's cell and who authored the misbehavior report, as well as by the officer who conducted the laboratory testing on the substance found in petitioner's cell which yielded positive results for the presence of marijuana (see Matter of Brown v. Senkowski, 290 A.D.2d 906, 907).
Petitioner's assertions of various procedural errors, allegedly committed in the drafting and service of the misbehavior report and in the manner in which the disciplinary hearing was conducted, have been reviewed and found to be either without merit or merely inadvertent and technical defects that were in no way prejudicial to petitioner's case (see Matter of Roman v. Selsky, 270 A.D.2d 519; Matter of Bolling v. Coombe, 234 A.D.2d 730, 731).
Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.