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IN THE MATTER OF ANGEL RIVERA, Petitioner, v. GLENN S. GOORD, AS COMMISSIONER OF CORRECTIONAL SERVICES, Respondent.

MEMORANDUM AND JUDGMENT

Petitioner was found guilty of violating the prison disciplinary rules prohibiting extortion, exchange of controlled substances and solicitation. The charges stemmed from an inmate complaint filed against petitioner, accusing him of extorting food packages and money that had been sent to the facility by the inmate's family, which petitioner then used to satisfy debts that he owed for drugs. The complaint further alleged that the inmate's grandmother had been contacted at her residence by a third party who directed her to send him money at the correctional facility to pay petitioner's drug debts.

Substantial evidence of petitioner's guilt was presented at his disciplinary hearing in the form of the detailed misbehavior report and the written statement and hearing testimony of the inmate complainant (see Matter of Tosca v. Goord, 298 A.D.2d 738, 739). Petitioner's testimony and that of his inmate witness raised issues of credibility for resolution by the Hearing Officer (see Matter of James v. Goord, 306 A.D.2d 714).

Cardona, P.J., Crew III, 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 RIVERA v. GOORD
(Jan 8, 2004)