Opinion
90318
January 17, 2002.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
Delroy Johnson, Malone, petitioner pro se.
Eliot Spitzer, Attorney-General (Peter G. Crary of counsel), Albany, for respondent.
Before: Cardona, P.J., Crew III, Peters, Carpinello and, Lahtinen, JJ.
MEMORANDUM AND JUDGMENT
Petitioner was found guilty of violating the prison disciplinary rule prohibiting unauthorized assembly. As set forth in the misbehavior report, the reporting correction officer observed petitioner with eight other inmates who had gathered in a group in the prison yard annex. Despite numerous orders to disperse issued by correction officers using the public address system, the inmates failed to comply. The misbehavior report, authored by a correction officer who witnessed the incident in question, was sufficiently detailed and probative to constitute substantial evidence of petitioner's guilt (see, Matter of McKins v. James, 285 A.D.2d 889; Matter of Daum v. Goord, 274 A.D.2d 715). In addition, petitioner's own testimony supported the determination as he admitted that he had been one of the group that had gathered. His contention that he was only present in the yard for the purpose of working out and that he did not hear the orders to disperse raised an issue of credibility for resolution by the Hearing Officer (see, Matter of Torres v. Goord, 275 A.D.2d 840; Matter of Morales v. Goord, 270 A.D.2d 549). Petitioner's remaining contentions have been examined and found to be without merit.
Cardona, P.J., Crew III, Peters, Carpinello and Lahtinen, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.