JOHNSON v. IRVIN

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Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Tramel JOHNSON, Petitioner, v. Frank IRVIN, Superintendent, Wende Correctional Facility, et al., Respondents.

Decided: December 31, 1998

Present:  PINE, J.P., WISNER, PIGOTT, Jr., CALLAHAN and FALLON, JJ. Tramel Johnson, Green Haven, for Appellant. Wayne Benjamin, Albany, for Respondent.

We reject petitioner's contention that the determination is not supported by substantial evidence (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139, 495 N.Y.S.2d 332, 485 N.E.2d 997).   There is no merit to the contention of petitioner that he was improperly denied photographs necessary for his defense because the record establishes that there were no photographs.   Petitioner was not denied a fair hearing by the Hearing Officer's refusal to play the entire video tape of the incident.   The relevant portion of the video tape substantiating the charges was viewed, and the remainder of the video tape was either redundant or immaterial (see, Matter of Sanchez v. Irvin, 186 A.D.2d 996, 588 N.Y.S.2d 456, lv. denied 81 N.Y.2d 702, 594 N.Y.S.2d 716, 610 N.E.2d 389).

Determination unanimously confirmed without costs and petition dismissed.

MEMORANDUM: