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In the Matter of JAMES EBANKS, Petitioner, v. GLENN S. GOORD, as Commissioner, New York State Department of Correctional Ser

MEMORANDUM AND JUDGMENT

Petitioner was found guilty of violating the prison disciplinary rule that prohibit inmates from possessing weapons after a search of his cell uncovered a razor-type weapon with a taped handle in petitioner's bed post. Although petitioner denied that the weapon was his, an inference of possession arises that the weapon was his inasmuch as it was found within a cell that petitioner had occupied for five weeks (see, Matter of Caraway v. Walker, 247 A.D.2d 675; Matter of Mitchell v. Coombe, 238 A.D.2d 648). This inference, together with the misbehavior report, provides substantial evidence to support the determination of guilt (see,Matter of Caraway v. Walker, supra). Petitioner's remaining contention, that there was no log to indicate that his cell was searched prior to him moving in, has not been preserved for our review as petitioner failed to request a copy of the search log during the hearing (see, Matter of Marino v. Coombe, 231 A.D.2d 788,lv denied 89 N.Y.2d 804).

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

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MATTER OF EBANKS v. GOORD
(Jul 1, 1999)