Young v. Bennett
Opinion of the Court
Following a tier II disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rules prohibiting inmates from interfering with an employee, harassment, refusing a direct order and refusing to submit to a frisk. As related in the misbehavior report, petitioner was leaving the facility’s recreation yard when a correction officer gave him a direct order to proceed to the frisk area. Petitioner responded by addressing an obscene remark to the officer. He then refused to comply with orders to place his hands on the fence so that he could be frisked.
Substantial evidence of petitioner’s guilt was presented at his disciplinary hearing in the form of the misbehavior report and the testimony given by the correction officer who prepared the report based upon his observation of and participation in the incident, as well as by the testimony of a second officer who was required to assist the reporting officer in subduing petitioner (see Matter of Vasquez v Goord, 301 AD2d 986 [2003]; Matter of Burr v Goord, 284 AD2d 778 [2001], lv denied 97 NY2d 601 [2001]). Any inconsistencies present in the hearing testimony created credibility issues for resolution by the Hearing Officer (see Matter of Wai Ng v Goord, 285 AD2d 791 [2001], appeal dismissed and lv denied 97 NY2d 671 [2001]).
We reject petitioner’s contention that the entry of an incorrect date on the hearing disposition form indicates that the Hearing Officer had prejudged his guilt. As petitioner failed to raise this issue in his administrative appeal, it has not been preserved for our review (see Matter of Hunt v Goord, 252 AD2d 982, 982 [1998]). In any event, were we to consider it, we would be unpersuaded. The correct decision date of the hearing is ac
Cardona, P.J., Mercure, Crew III, Peters and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.