Opinion
April 2, 1992
Appeal from the Supreme Court, Washington County.
Although petitioner claimed that the marihuana found in his cell was not his, he admitted that he had been in the cell for five months and that the rolling papers found along with the marihuana did belong to him. As to the weapons charge, he admitted that he altered the razors although he claimed that he did so to improve his shave. This testimony, along with the photographs and test results, constituted substantial evidence to support the determination of guilt (see, Matter of Bernacet v Coughlin, 145 A.D.2d 802, lv denied 74 N.Y.2d 603). Petitioner's explanations merely presented questions of credibility for the Hearing Officer to resolve (see, Matter of Hernandez v LeFevre, 150 A.D.2d 954, lv denied 74 N.Y.2d 615). Petitioner's remaining arguments have been considered and rejected as either unpreserved for review or lacking in merit.
Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.