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In the Matter of DERRICK JOHNSON, Petitioner, v. WAYNE BARKLEY, as Superintendent of Ri

Following a tier II disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rule prohibiting the possession of contraband. The misbehavior report stated that on February 6, 1998 a correction officer discovered a mess hall fork under petitioner's locker while performing a "cube" search. In our view, the clear and detailed misbehavior report, combined with the testimony of the correction officer involved in the search, constitute sufficient evidence to substantiate the alleged misconduct (see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966). Although petitioner's inmate witnesses testified that there was no fork under the locker, this merely presented a credibility issue for the Hearing Officer to resolve (see, Matter of Flowers v. Barkley, 244 A.D.2d 682, 683). We have examined petitioner's remaining contentions and find them to be lacking in merit. Contrary to petitioner's argument, it was his own responsibility to make sure that no unauthorized items were present in his cell.

Cardona, P. J., Mercure, Peters, Carpinello and Graffeo, JJ., concur.

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

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MATTER OF JOHNSON v. BARKLEY
(Apr 22, 1999)