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In the Matter of KABINSON B. SANCHEZ, Petitioner, v. ARTHUR A. LEONARDO, as Superintendent of Greene Correctional Facility, Respondent.

After a search of his cell revealed a container of orange-colored liquid, petitioner was charged with, and ultimately found guilty of, violating a prison disciplinary rule prohibiting inmates from possessing alcoholic beverages. The nature of alcoholic beverages is a matter of common knowledge and, therefore, scientific testing is not required ( see, Matter of Lanham v. Coombe, 233 A.D.2d 629, 630). The correction officers' observations that the liquid substance looked and smelled like alcohol, together with the misbehavior report indicating that petitioner admitted that the substance was alcohol, provide substantial evidence to support the determination ( see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966). Petitioner's testimony to the contrary merely created a credibility issue for the Hearing Officer to resolve ( see, id.). Furthermore, notwithstanding the fact that petitioner failed to preserve his claim of Hearing Officer bias ( see, Matter of Jones v. Coombe, 232 A.D.2d 685), we nevertheless would find that the record fails to indicate that the outcome of the hearing flowed from any alleged bias ( see, Matter of Barnhill v. Coombe, 239 A.D.2d 719, 721). Petitioner's remaining contentions have been reviewed and found to be without merit.

Mikoll, J.P., Crew III, White, Spain and Carpinello, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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MATTER OF SANCHEZ v. LEONARDO
(Sep 11, 1997)