MEMORANDUM AND JUDGMENT
Petitioner commenced this proceeding challenging a determination finding him guilty of violating the prison disciplinary rules that prohibit possession of a weapon and contraband. As a preliminary matter, respondent concedes, and our review of the record confirms, that so much of the determination finding him guilty of the charge of possession of contraband is not supported by substantial evidence. The determination is therefore modified by annulling the finding of guilt as to that charge and the Commissioner of Correctional Services is directed to expunge the charge from petitioner's institutional record. It is not necessary to remit this matter for a redetermination of the penalty imposed, however, inasmuch as there was no recommended loss of good time and petitioner served the penalty (see Matter of Wright v. Goord, 290 A.D.2d 779, 779-780, appeal dismissed 98 N.Y.2d 648; Matter of Baez v. Goord, 261 A.D.2d 741, 742).
Turning to the remaining charge, the misbehavior report noting that a chopstick sharpened to a point was found in petitioner's cell and the testimony at the hearing — including petitioner's admission that he owned the chopstick — provide substantial evidence to support the determination finding petitioner guilty of possession of a weapon (see Matter of Folk v. Goord, 307 A.D.2d 500). We also reject petitioner's assertion that he should have been provided with the assistance of a Chinese interpreter to meaningfully respond to the charges. An interpreter is only required when the inmate speaks no English (see 7 NYCRR 253.2, 254.2; Matter of Maldonado v. Racette, 175 A.D.2d 963, 963). A review of the record in this matter establishes that, as a whole, despite the absence of a translator, petitioner "was sufficiently fluent in English to understand and knowledgeably participate in the disciplinary hearing" (Matter of Santiago v. Goord, 253 A.D.2d 970, 970; see Matter of Moore v. Selsky, 264 A.D.2d 923, 924; Matter of Smith v. Goord, 255 A.D.2d 1007, 1007). Petitioner's remaining contentions have been reviewed and found to be without merit.
Cardona, P.J., Mercure, Spain, Mugglin and Kane, JJ., concur.
ADJUDGED that the determination is modified, without costs, by annulling so much thereof as found petitioner guilty of the charge of possession of contraband; petition granted to that extent and the Commissioner of Correctional Services is directed to expunge all references thereto from petitioner's institutional record; and, as so modified, confirmed.