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Matter of Levi v. Coughlin

Appellate Division of the Supreme Court of New York, Second Department
Jul 27, 1992
185 A.D.2d 345 (N.Y. App. Div. 1992)

Opinion

July 27, 1992


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

Based upon the recovery of certain items during a search of his prison cell, the petitioner was charged with possession of a controlled substance and possession of stolen property. After a hearing, the charges were sustained and the respondent subsequently affirmed the Hearing Officer's determination. The petitioner thereafter commenced this review proceeding.

The petitioner did not assert his claim of racial bias in the prior administrative review proceedings; hence, we do not consider that claim. Moreover, the petitioner has raised no issue in this proceeding with respect to that part of the determination which found him guilty of possession of stolen property. Accordingly, we discern no basis for disturbing that finding.

With respect to that part of the determination which found the petitioner guilty of possession of a controlled substance, we find unpersuasive the petitioner's contention that he was improperly denied access to certain documentary evidence at his disciplinary hearing. The claim is clearly refuted by the transcript of the hearing. Further, the record contains a complete set of all necessary documents (see, 7 NYCRR 1010.5; cf., Matter of Rollison v. Scully, 181 A.D.2d 734; Matter of Sanchez v. Hoke, 116 A.D.2d 965).

Similarly unavailing is the petitioner's claim that the finding that he possessed a controlled substance is not supported by substantial evidence. The hearing record includes the positive "Narcotics Identification" test results and all supporting data, as well as the testimony of two Correction officers regarding the search of the petitioner's cell and the nature of the objects found therein. Accordingly, the Hearing Officer's determination clearly is supported by substantial evidence in the record (see, Matter of Darnell v. Kuhlmann, 145 A.D.2d 852; see also, Matter of Salmon v. Coughlin, 159 A.D.2d 881). Bracken, J.P., Sullivan, Harwood and Pizzuto, JJ., concur.


Summaries of

Matter of Levi v. Coughlin

Appellate Division of the Supreme Court of New York, Second Department
Jul 27, 1992
185 A.D.2d 345 (N.Y. App. Div. 1992)
Case details for

Matter of Levi v. Coughlin

Case Details

Full title:In the Matter of RAPHAEL B. LEVI, Appellant, v. THOMAS A. COUGHLIN, as…

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

Date published: Jul 27, 1992

Citations

185 A.D.2d 345 (N.Y. App. Div. 1992)

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