IN RE: Kenneth PATTERSON (1999)

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of possessing contraband in violation of a prison disciplinary rule after a correction officer conducting a routine cell check observed him remove six pills of a controlled substance from his rectal area and conceal them inside tissue paper.   Thereafter, petitioner commenced this CPLR article 78 proceeding challenging the determination and the matter was transferred to this court.

 We confirm.   Initially, we reject petitioner's contention that the misbehavior report was defective in that it listed petitioner's incorrect cell location and was not endorsed by the correction officer who witnessed the incident.   Inasmuch as the report contained several references to petitioner's correct cell number and was signed by the correction officer who confiscated the pills, petitioner has failed to demonstrate prejudice as a result of any technical defects in the report (see, Matter of Alston v. Great Meadow Correctional Facility, 252 A.D.2d 697, 675 N.Y.S.2d 414;  Matter of Rodriquez v. Coombe, 238 A.D.2d 691, 656 N.Y.S.2d 405).   Moreover, we do not view the pharmacist aide's failure to sign the “Request for Test of Suspected Contraband” form as a break in the chain of custody in light of the testimony establishing that she identified the pills while they were still in the custody of the last correction officer named on the form (see, Matter of Roman v. Selsky, 253 A.D.2d 975, 679 N.Y.S.2d 426).

Finally, to the extent that petitioner raises a substantial evidence issue, the detailed misbehavior report and testimony presented at the hearing, including petitioner's admission that he possessed the pills without a prescription, provide substantial evidence of petitioner's guilt (see, Matter of Rodriguez v. Goord, 251 A.D.2d 737, 674 N.Y.S.2d 148;  Matter of Lugo v. Coughlin, 224 A.D.2d 896, 638 N.Y.S.2d 928).

The remaining arguments raised by petitioner have been examined and found to be without merit.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.

YESAWICH JR., J.

CARDONA, P.J., MIKOLL, CREW III and MUGGLIN, JJ., concur.