Opinion
2012-02-9
In the Matter of Tyron SANCHEZ, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.
Tyron Sanchez, Pine City, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Tyron Sanchez, Pine City, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
During rounds, a correction officer observed an inmate bleeding from his arm with what looked like a wound caused by a sharp implement. As petitioner was the only unsecured inmate in the area at the time, he was charged in a misbehavior report with assaulting an inmate, violent conduct, possession of a weapon and interference. Petitioner was found guilty of all charges following a tier III disciplinary hearing and that determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, hearing testimony and confidential information provide substantial evidence to support the determination of guilt ( see Matter of Harrison v. Prack, 87 A.D.3d 1221, 1221, 930 N.Y.S.2d 294 [2011]; Matter of Williams v. Fischer, 84 A.D.3d 1661, 1662, 923 N.Y.S.2d 913 [2011], lv. denied 17 N.Y.3d 711, 2011 WL 4389164 [2011] ). Petitioner's denials raised a credibility issue for the Hearing Officer to resolve ( see Matter of Wright v. Fischer, 87 A.D.3d 1211, 1212, 929 N.Y.S.2d 781[2011], lv. denied 18 N.Y.3d 804, 2012 WL 87044 [2012] ). Furthermore, the record does not reveal hearing officer bias, but rather that the determination was based upon the evidence adduced during the hearing ( see Matter of Abreu v. Fischer, 87 A.D.3d 1241, 1242, 930 N.Y.S.2d 301 [2011] ).
Petitioner's remaining contentions have been examined and found to be unpreserved or without merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.