MATTER OF NELSON v. COUGHLIN

The misbehavior report provided substantial evidence that the petitioner-inmate violated the rule which prohibits inmates from making or possessing an alcoholic beverage (see, 7 NYCRR 270.2 [B] [14] [iv]; see, e.g., People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139-140). In addition, contrary to the petitioner's contention, there is no requirement that prison authorities were required to chemically test the beverage for the presence of alcohol (compare, 7 NYCRR 270.2 [B] [14] [iv], with 7 NYCRR 270.2 [B] [14] [iii], and 7 N.Y.CRR part 1010; see also, People v. Leonard, 8 N.Y.2d 60; People v. Kenny, 30 N.Y.2d 154, 157). Bracken, J.P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.