Opinion
May 2, 1991
Appeal from the Supreme Court, Ulster County.
Petitioner was charged with possessing contraband and smuggling or attempting to smuggle an item into the correctional facility. We reject petitioner's contentions that the hearing was conducted in violation of his due process rights and that the Hearing Officer's determination is not supported by substantial evidence. Petitioner was advised that confidential testimony was being taken and, upon examining that information as relayed by the Correctional Officer, we not only find that the information was reliable, but that there was a need to conceal the source's identity and the testimony to protect prison security (see, Matter of Gibson v LeFevre, 133 A.D.2d 978, 979-980; Matter of Harris v Coughlin, 116 A.D.2d 896, 897, lv denied 67 N.Y.2d 610, 1047). In addition, this testimony, coupled with the misbehavior report and the other testimony taken at the hearing, constituted substantial evidence to support the determination (see, Matter of McClean v LeFevre, 142 A.D.2d 911, 912; Matter of Harris v Coughlin, supra). We have examined petitioner's remaining contentions and find them lacking in merit.
Determination confirmed, and petition dismissed, without costs. Mahoney, P.J., Weiss, Levine, Mercure and Harvey, JJ., concur.