Opinion
October 29, 1998
Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule which prohibits inmates from fighting after he and another inmate were involved in a brawl. Petitioner contends that he was denied the right to present relevant documentary evidence and was not provided with a written denial of his request for a copy of the misbehavior report of the other inmate involved. We find that any error in the Hearing Officer's denial of petitioner's request for the other inmate's misbehavior report is harmless ( see, Matter of Giakoumelos v. Coughlin, 198 A.D.2d 744, 745), particularly where petitioner had the opportunity to question the correction officer who witnessed the fight and authored both misbehavior reports. Moreover, petitioner's claim that he was acting in self-defense merely presented a credibility issue for the Hearing Officer to resolve ( see, Matter of Mata v. Goord, 250 A.D.2d 907). Given the testimony presented at the hearing, together with the misbehavior report, we find substantial evidence in the record to support the determination of petitioner's guilt.
Mercure, J. P., Peters, Spain, Carpinello and Graffeo, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.