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In the Matter of LUIS DE LEON, Petitioner, v. PETER LACY, as Superintendent of Bare Hill Correctional Facility, Respondent.

MEMORANDUM AND JUDGMENT

Petitioner challenges a determination finding him guilty of violating prison disciplinary rules prohibiting inmates from engaging in violent conduct, creating a disturbance, assaulting other inmates and disobeying a direct order. Contrary to petitioner's contention, the detailed misbehavior report and testimony of the correction officer who observed petitioner's participation in the melee in the prison yard provides substantial evidence to support the determination of guilt (see, Matter of Acevedo v. Superintendent of Elmira Correctional Facility, 265 A.D.2d 763). Petitioner's testimony that he was playing baseball and was not involved in the melee created a credibility issue for the Hearing Officer to resolve (see, id.). Petitioner's remaining contentions, including that he was improperly denied access to a videotape of the prison yard brawl, have been reviewed and found to be without merit.

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

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MATTER OF DE LEON v. LACY
(Sep 14, 2000)