During a search of petitioner's cell, a correction officer found a razor blade that had been melted into the end of a plastic silverware handle hidden under the mattress of petitioner's bed. As a result, he was charged in a misbehavior report with possessing a weapon and possessing an altered item. Following a tier III disciplinary hearing, he was found guilty of the charges. The determination was later affirmed on administrative appeal, resulting in this CPLR article 78 proceeding.
We confirm. Substantial evidence — consisting of the misbehavior report, related documentation and the testimony of the correction officer who recovered the weapon — supports the determination of guilt ( see Matter of Parra v Fischer, 76 AD3d 724, 725, lv denied 15 NY3d 714; Matter of Vines v Goord, 19 AD3d 951, 952). A reasonable inference of possession arises from the fact that the weapon was found in an area within petitioner's control ( see Matter of Sweet v Poole, 48 AD3d 867, 868; Matter of Ameen v Selsky, 25 AD3d 1059), and petitioner's claim that it was planted by someone else presented a credibility issue for the Hearing Officer to resolve ( see Matter of Wilson v Goord, 47 AD3d 1102, 1103; Matter of Ubaldo v Leclaire, 46 AD3d 975). Therefore, we find no reason to disturb the determination at issue.
Adjudged that the determination is confirmed, without costs, and petition dismissed.