Opinion
92053
Decided and Entered: May 15, 2003.
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 respondent which found petitioner guilty of violating a prison disciplinary rule.
John E. Dziedzic, Dannemora, petitioner pro se.
Eliot Spitzer, Attorney General, Albany (Nancy A. Spiegel of counsel), for respondent.
Before: Cardona, P.J., Crew III, Peters, Lahtinen and Kane, JJ.
MEMORANDUM AND JUDGMENT
Petitioner was found guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance after his urine sample twice tested positive for the presence of cannibinoids. The misbehavior report and positive test results provide substantial evidence in support of the determination of guilt (see Matter of Giraldi v. Selsky, 253 A.D.2d 933). Contrary to petitioner's contention, a review of the request for urinalysis form establishes that the chain of custody was sufficiently documented despite any minor discrepancies (see Matter of Harris v. Goord, 268 A.D.2d 933; Matter of Frazier v. Goord, 251 A.D.2d 800, lv denied 92 N.Y.2d 813). We also reject petitioner's challenge to the procedure used leading to the request for urinalysis. Notwithstanding a computer printout which failed to indicate that he was selected at random, the request for urinalysis form specifically states that petitioner was randomly chosen to submit a urine specimen based upon his disciplinary history which places him in an identifiable group of inmates found guilty of drug-related misbehaviors (see 7 NYCRR 1020.4 [a] [9]). Petitioner's remaining contention that the Hearing Officer predetermined his guilt has been reviewed and found to be without merit.
Cardona, P.J., Crew III, Peters, Lahtinen and Kane, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.