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IN THE MATTER OF JOSE DELOS SANTOS, Petitioner, v. GLENN S. GOORD, AS COMMISSIONER OF CORRECTIONAL SERVICES, Respondent.

MEMORANDUM AND JUDGMENT

Petitioner, an inmate, was found guilty of violating the prison disciplinary rule that prohibits inmates from possessing unauthorized organizational material. The misbehavior report relates that when processing petitioner's property upon his transfer from another facility, various photographs were confiscated from his photo album which contained gang-related hand gestures and statements written on the back. Contrary to petitioner's assertion, the misbehavior report and seized photographs, as well as the testimony of a sergeant trained in such matters and who identified the signs and statements as gang-related, provide substantial evidence of petitioner's guilt ( see Matter of Knickerbocker v. Goord, 276 A.D.2d 1008, 1009; Matter of Sieteski v. Dibiase, 242 A.D.2d 753). Although petitioner asserts that the photographs do not constitute contraband in that they were either taken by prison officials or passed through the mailroom, such gang-related material is clearly prohibited by the prison disciplinary rule ( see 7 NYCRR 105.12; Matter of Johnson v. Goord, 260 A.D.2d 816; Matter of Sieteski v. Dibiase, supra at 753; Matter of Jenkins v. Senkowski, 221 A.D.2d 779, 779; but see Matter of Morrero v. Coombe, 236 A.D.2d 887, 888).

Mercure, J.P., Spain, Carpinello, Rose and Lahtinen, JJ., concur.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.

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IN THE MATTER OF SANTOS v. GOORD
(Feb 26, 2004)