Opinion
October 9, 1997
Appeal from Supreme Court, Albany County.
Petitioner was found guilty after a hearing of violating the prison disciplinary rules which prohibit inmates from possessing weapons (rule 113.10) and contraband (rule 113.23) and from engaging in unauthorized organizational activities (rule 105.12). Initially, we reject petitioner's contention that the search of his cell was illegal inasmuch as it was routinely performed as part of petitioner's transfer from his cell to the special housing unit ( see, Matter of Wanton v. Coombe, 234 A.D.2d 824).
A review of the record, including petitioner's testimony, the misbehavior report and the physical evidence, also reveals that the administrative determination with respect to the violations of rules 113.10 and 105.12 is supported by substantial evidence ( see, Matter of Rivera v. Coombe, 231 A.D.2d 790; Matter of Perez v Coughlin, 202 A.D.2d 1056; Matter of Giano v. Coughlin, 198 A.D.2d 677, lv denied 83 N.Y.2d 754). Petitioner acknowledged that the recovered literature constituted material from an unauthorized organization and he admitted having it in his possession. Furthermore, the sharpened butter knife and sharpened metal rod, which were also found in petitioner's cell, clearly constitute weapons. Finally, petitioner's plea of guilty to the contraband charge, which involved the unauthorized possession of various domestic items ( see, 7 NYCRR 270.2 [B] [14] [xiv]), precludes him from challenging said determination on substantial evidence grounds ( see, People ex rel. Friedrich v. Smith, 106 A.D.2d 911, 912). In any event, said plea provides the substantial evidence to support such charge ( see, Matter of Taylor v. Kennedy, 159 A.D.2d 827).
We have reviewed petitioner's remaining contentions and find them to be unpreserved for our review or lacking in merit.
Cardona, P.J., Mikoll, Mercure and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.