Opinion
February 28, 1991
Appeal from the Supreme Court, Clinton County.
Although petitioner contends that he acted in self-defense and that he was never in possession of a weapon, the evidence presented at the hearing, including the misbehavior reports, the testimony of the correction officers and the medical records indicating the location and severity of the wounds inflicted, gave rise to a question of credibility for resolution by the Hearing Officer (see, Matter of Hernandez v LeFevre, 150 A.D.2d 954, lv denied 74 N.Y.2d 615). Under the circumstances, the determination of guilt is supported by substantial evidence and must be upheld (see, Matter of Bernacet v Coughlin, 145 A.D.2d 802, lv denied 74 N.Y.2d 603).
Determination confirmed, and petition dismissed, without costs. Mahoney, P.J., Casey, Weiss, Levine and Harvey, JJ., concur.