MATTER OF FULLER v. GOORD

It is hereby ORDERED that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

Memorandum:

Petitioner commenced this proceeding pursuant to CPLR article 78 challenging the determination revoking his parole. Petitioner, however, entered a negotiated plea at the final parole revocation hearing, admitting his guilt to 2 of the 10 charges brought against him. The knowing and voluntary plea of guilty by petitioner precludes his present challenge to the sufficiency of the evidence of guilt ( see Matter of Grant v. Goord, 247 A.D.2d 662, 663). In any event, the guilty plea constitutes substantial evidence of his guilt ( see Matter of McCloud v. New York State Div. of Parole, 277 A.D.2d 627, 628, lv denied 96 N.Y.2d 702; Matter of Montanez v. New York State Div. of Parole, 227 A.D.2d 753, 753-754, lv denied 88 N.Y.2d 814; see generally People ex rel. Fryer v. Beaver, 292 A.D.2d 876; Matter of Westcott v. New York State Bd. of Parole, 256 A.D.2d 1179, 1180).