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Matter of Jandura v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Jun 4, 1998
251 A.D.2d 721 (N.Y. App. Div. 1998)

Opinion

June 4, 1998


Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule which prohibits the possession of a controlled substance after a frisk and search of petitioner and his belongings uncovered two marihuana cigarettes hidden inside a cigarette box. The misbehavior report and the positive test results indicating that the substance was marihuana, together with the testimony of the correction officer who authored the misbehavior report, provide substantial evidence to support the determination of petitioner's guilt ( see, Matter, of Moley v Selsky, 245 A.D.2d 588, 589). Although petitioner denied that the cigarette box was his and disagreed with the correction officer's description of the frisk procedure, it was for the Hearing Officer to resolve any credibility issues ( see, Matter of Islar v Coombe, 226 A.D.2d 851). Even if preserved for our review ( see, Matter of Murphy v. Selsky, 239 A.D.2d 724), we would find petitioner's remaining contentions, including his challenges to the chain of custody of the confiscated marihuana and the procedures used in testing it, to be without merit.

Cardona, P. J., Mercure, Yesawich Jr., Peters and Carpinello, JJ., concur.

Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Jandura v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
Jun 4, 1998
251 A.D.2d 721 (N.Y. App. Div. 1998)
Case details for

Matter of Jandura v. Selsky

Case Details

Full title:In the Matter of WAYNE JANDURA, Petitioner v. DONALD SELSKY, as Reviewer…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 4, 1998

Citations

251 A.D.2d 721 (N.Y. App. Div. 1998)
674 N.Y.S.2d 783

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