Opinion
Decided January 29, 1998
Petitioner was found guilty of violating the prison disciplinary rule that prohibits failure to comply with telephone program guidelines. According to the misbehavior report, petitioner admitted that he gave a fellow inmate his PIN (personal identification number) to enable the latter to telephone petitioner's mother with the news that he had been placed in keeplock. The misbehavior report was sufficiently detailed and probative to constitute substantial evidence of petitioner's guilt (see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966). We reject petitioner's assertion that he should not have been found guilty of violating the rule prohibiting the use of another inmate's PIN number because it was the other inmate who did so. Any inmate who conspires with or acts as an accessory to an act of misbehavior will be subject to the same sanctions as the inmate who actually committed the offense (see, 7 NYCRR 270.3 [b]; see also, Matter of Tate v. Senkowski, 215 A.D.2d 903, 905).
Mercure, J.P., Crew III, White, Peters and Spain, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.