LEE v. GOORD (1997)

 The determination that petitioner violated inmate rule 113.10 (7 NYCRR 270.2[B][14][i] ), prohibiting the possession of contraband that may be classified as a weapon, is supported by substantial evidence (see, Matter of Torres v. Coughlin, 213 A.D.2d 861, 624 N.Y.S.2d 67).   The metal shank was found under petitioner's locker in an area over which petitioner had control.   That evidence “ ‘is sufficient to give rise to a reasonable inference of petitioner's possession of the weapon, an inference which is not defeated by the fact that other inmates had access to [that] area’ ” (Matter of Hawkins v. Coombe, 225 A.D.2d 1095, 1096, 639 N.Y.S.2d 634, quoting Matter of Torres v. Coughlin, supra, at 861, 624 N.Y.S.2d 67).   The denial by petitioner that the weapon was his and his assertion that he was “set up” presented issues of credibility for the Hearing Officer (see, Matter of Hay v. Coombe, 229 A.D.2d 1015, 645 N.Y.S.2d 668, lv. denied 88 N.Y.2d 816, 651 N.Y.S.2d 406, 674 N.E.2d 336).

Determination unanimously confirmed without costs and petition dismissed.

MEMORANDUM: