Opinion
November 21, 1994
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
The misbehavior report provided substantial evidence that the petitioner-inmate violated the rule which prohibits inmates from making or possessing an alcoholic beverage (see, 7 NYCRR 270.2 [B] [14] [iv]; see, e.g., People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139-140). In addition, contrary to the petitioner's contention, there is no requirement that prison authorities were required to chemically test the beverage for the presence of alcohol (compare, 7 NYCRR 270.2 [B] [14] [iv], with 7 NYCRR 270.2 [B] [14] [iii], and 7 N.Y.CRR part 1010; see also, People v. Leonard, 8 N.Y.2d 60; People v. Kenny, 30 N.Y.2d 154, 157). Bracken, J.P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.