Opinion
No. CV-24-0134
09-19-2024
In the Matter of Darrell Leckie, Petitioner, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.
Darrell Leckie, Brooklyn, petitioner pro se. Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondents.
Calendar Date: August 30, 2024
Darrell Leckie, Brooklyn, petitioner pro se.
Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondents.
Before: Garry, P.J., Pritzker, Lynch, Ceresia and Mackey, JJ.
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 Acting Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner was charged in a misbehavior report with possessing a weapon, possessing an altered item, possessing contraband and smuggling after two cutting-type weapons allegedly were found in petitioner's left front pant pocket during a pat frisk. Following a tier III disciplinary hearing, petitioner was found guilty of all charges. That determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, photographs of the items found during the pat frisk and testimony at the hearing provide substantial evidence to support the determination of guilt (see Matter of Smith v Annucci, 207 A.D.3d 979, 980 [3d Dept 2022]; Matter of Breazil v Griffin, 175 A.D.3d 1697, 1698 [3d Dept 2019]). Petitioner's denial that he possessed the items presented a credibility issue for the Hearing Officer to resolve (see Matter of Black v Annucci, 197 A.D.3d 1446, 1447 [3d Dept 2021]; Matter of Ramos v Annucci, 150 A.D.3d 1510, 1511-1512 [3d Dept 2017]). Petitioner's contention that the procedures set forth in the Department of Corrections and Community Supervision Directive No. 4910A for handling and securing contraband were not properly followed was not raised at the hearing and, therefore, is not preserved for our review (see Matter of Ortiz v Annucci, 214 A.D.3d 1271, 1272 [3d Dept 2023]; Matter of Finnegan v Lamanna, 179 A.D.3d 1375, 1376 n 2 [3d Dept 2020]; Matter of Young v Rodriguez, 165 A.D.3d 1338, 1339 [3d Dept 2018]; Matter of Baysden v Annucci, 140 A.D.3d 1519, 1519 [3d Dept 2016]).
Garry, P.J., Pritzker, Lynch, Ceresia and Mackey, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.