Opinion
September 26, 1991
Appeal from the Supreme Court, Albany County.
Petitioner's main contention in this proceeding is that the Hearing Officer improperly relied on confidential reports and a confidential statement of a witness to the incident that led to the filing of the assault charge against him. However, a review of the confidential information shows that it contained sufficient detail regarding the circumstances of the assault to enable the Hearing Officer to make an independent assessment of reliability and credibility (see, Matter of Harris v. Coughlin, 116 A.D.2d 896, lv denied 67 N.Y.2d 610, 1047). Furthermore, the record contains other evidence including the testimony of the correction officer involved, petitioner's own testimony placing him at the scene of the incident and his admission that he had previously fought with the victim. This evidence served to corroborate the confidential information and, together with that information, constituted substantial evidence supporting the finding of guilt on the assault charge (see, Matter of Gibson v LeFevre, 133 A.D.2d 978; Matter of Smith v. LeFevre, 116 A.D.2d 782, appeal dismissed 67 N.Y.2d 609).
Mahoney, P.J., Casey, Mikoll, Levine and Harvey, JJ., concur. Adjudged that the determination is confirmed, and petition dismissed, without costs.