Summary
In Vega, the information in the six reports examined by the Court gave details of the incidents including the specific conduct of the six inmates charged and were found to be specific enough to meet the "substantial evidence" test.
Summary of this case from PeopleOpinion
July 20, 2000.
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Anthony Vega, Governeur, petitioner in person.
Eliot Spitzer, Attorney-General (Katheleen M. Treasure of counsel), Albany, for respondent.
Before: Crew III, J.P., Peters, Carpinello, Graffeo and Rose, JJ.
MEMORANDUM AND JUDGMENT
Petitioner, a prison inmate, was found guilty of assault on another inmate and fighting. At the tier III hearing that followed, confidential testimony was offered from the correction officer who authored the misbehavior report stating that a confidential informant had identified petitioner as the aggressor. Contrary to petitioner's contention, the misbehavior report, as well as the testimony of the correction officer who authored the misbehavior report, provide substantial evidence of petitioner's guilt even though some of it was based upon hearsay evidence (see,Matter of Parker v. Goord, 247 A.D.2d 694).
It is well settled that hearsay evidence in the form of confidential information relayed to the Hearing Officer may provide substantial evidence to support a determination of guilt where the Hearing Officer makes an independent assessment and determines that the information is reliable and credible (see,Matter of Baum v. Selsky, 235 A.D.2d 750). We are satisfied that such an assessment was made by the Hearing Officer in this matter. Notably, there is no requirement that the Hearing Officer personally interview the confidential informant in order to make such an assessment (see, Matter of Abdur-Raheem v. Mann, 85 N.Y.2d 113). Respondent's determination is, therefore, confirmed.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.