From Casetext: Smarter Legal Research

Matter of Sieteski v. Lt. Dibiase

Appellate Division of the Supreme Court of New York, Third Department
Sep 4, 1997
242 A.D.2d 753 (N.Y. App. Div. 1997)

Opinion

September 4, 1997


Petitioner, an inmate at Great Meadow Correctional Facility in Washington County, was found guilty of possessing contraband after a search of his cell divulged six maps. The misbehavior report together with petitioner's admission that he possessed the maps provide substantial evidence to support the finding of guilt ( see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966). Although petitioner contends that he was permitted to possess the maps at a different correctional facility, the record fails to establish that his possession thereof was authorized by the Superintendent at Great Meadow ( see, Matter of Jenkins v. Senkowski, 221 A.D.2d 779; Matter of Gittens v. Coughlin, 184 A.D.2d 812, 813). As such, the maps were properly characterized as contraband (see, 7 NYCRR 270.2 [B] [14] [xiv] ). Petitioner's contention that he was unaware that the possession of the maps was prohibited is equally without merit ( see, Matter of Jenkins v. Senkowski, supra).

We find petitioner's contention that the determination should be annulled due to various procedural errors to be unpersuasive. There is no evidence to support petitioner's claim that the Hearing Officer conducted an off-the-record discussion with the facility's Superintendent. In any event, even if the conversation took place, petitioner failed to show that any prejudice resulted therefrom ( see generally, Matter of Beckford v. Coombe, 233 A.D.2d 734). Petitioner's remaining contentions have been examined and found to be either without merit or unpreserved for our review.

Crew III, White, Casey and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Sieteski v. Lt. Dibiase

Appellate Division of the Supreme Court of New York, Third Department
Sep 4, 1997
242 A.D.2d 753 (N.Y. App. Div. 1997)
Case details for

Matter of Sieteski v. Lt. Dibiase

Case Details

Full title:In the Matter of LARRY SIETESKI, Petitioner, v. LIEUTENANT DIBIASE, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 4, 1997

Citations

242 A.D.2d 753 (N.Y. App. Div. 1997)
661 N.Y.S.2d 314

Citing Cases

Matter of Prout v. Hurburt

MEMORANDUM AND JUDGMENT The detailed misbehavior report and evidence confiscated from petitioner's cell,…

Matter of Berta v. Bennett

Following a tier II prison disciplinary hearing, petitioner, an inmate at Elmira Correctional Facility in…