| Matter of Rivera v Goord |
| 2008 NY Slip Op 00393 [47 AD3d 1141] |
| January 24, 2008 |
| Appellate Division, Third Department |
| In the Matter of Eddie Rivera, Petitioner, v Glenn S. Goord, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), forrespondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Albany County) to review a determination of respondent which found petitionerguilty of violating certain prison disciplinary rules.
Petitioner was charged in a misbehavior report with violating various prison disciplinaryrules after a strip search resulted in the discovery of a two-inch razor weapon. Petitioner pleadedguilty to interference, refusing a direct order and refusing frisk procedures and, after a tier IIIhearing, was found guilty of possessing a weapon. The determination was affirmed uponadministrative appeals, prompting this proceeding.
Petitioner's plea of guilty precludes him from challenging the sufficiency of the evidence asto those charges to which he pleaded guilty (see Matter of Spencer v Goord, 38 AD3d 1028, 1028 [2007], lvdenied 9 NY3d 802 [2007]; Matterof Caraway v Goord, 34 AD3d 962, 963 [2006]). As to the remaining possession of aweapon charge, the misbehavior report and the testimony of the correction officer who authoredit, together with the related documentation and videotape of the incident, provide substantialevidence of petitioner's guilt (see Matterof Abdullah v Selsky, 45 AD3d 1072, 1073 [2007]; Matter of Roye v Goord, 34 AD3d 1134 [2006]). Contrary topetitioner's contention, the Hearing Officer was not required to independently assess thecredibility of the confidential information that may have prompted the search because suchinformation was not relied upon as the basis for the determination of guilt (see Matter of Wan v Goord, 32 AD3d1122, 1123 [2006]; Matter of Rolon v Goord, 30 AD3d [*2]946, 948 [2006]).
Petitioner's remaining contentions have been reviewed and determined to be without merit.
Cardona, P.J., Peters, Spain, Lahtinen and Kavanagh, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.