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IN THE MATTER OF VICTOR A. PULECIO, Appellant, v. GLENN S. GOORD, AS COMMISSIONER OF THE DEPARTMENT OF CORRECTIONAL SERVICES, ET AL., Respondents.

MEMORANDUM AND ORDER

Petitioner, a prison inmate, was found guilty of possessing a fermenting agent that could be used to manufacture alcohol. The misbehavior report alleged that during a search of petitioner's cell, correction officers confiscated a plastic container containing a liquid believed to be alcohol. Contrary to petitioner's contention, the nature of alcoholic beverages is a matter of common knowledge and, therefore, scientific testing is not required (see, Matter of Collins v. Goord, 272 A.D.2d 703, 708 N.Y.S.2d 911). Equally unavailing is petitioner's claim that he was denied relevant documentary evidence (see, Matter of Everett v. Goord, 253 A.D.2d 932). Petitioner's remaining contentions are either unpreserved for our review or without merit.

ORDERED that the judgment is affirmed, without costs.

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MATTER OF PULECIO v. GOORD
(Jul 20, 2000)