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

IN RE: Samuel L. JACKSON, Petitioner, v. Donald SELSKY, as Director of Special Housing Inmate Disciplinary Program for the Department of Correctional Services, Respondent.

Decided: November 29, 2001

Before:  CREW III, J.P., SPAIN, MUGGLIN, ROSE and LAHTINEN, JJ. Samuel L. Jackson, Rome, petitioner pro se. Eliot Spitzer, Attorney-General (Peter H. Schiff of counsel), Albany, for respondent.

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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

 Petitioner was found guilty of violating the prison disciplinary rules that prohibit possessing a weapon and possessing an altered item.   The detailed misbehavior report stating that a 4 1/414-inch screw taped on one end and two broken tweezers were found underneath some papers at the bottom of petitioner's locker following a search of his cell provides substantial evidence to support the determination of guilt (see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966, 563 N.Y.S.2d 728, 565 N.E.2d 477;  Matter of Scott v. Coombe, 238 A.D.2d 648, 656 N.Y.S.2d 953).   A reasonable inference of possession arises from the fact that the contraband was found in an area within petitioner's control, even though access to the area may not have been exclusive (see, Matter of Stile v. Goord, 285 A.D.2d 693, 727 N.Y.S.2d 736;  Matter of Scott v. Coombe, supra ).   Although petitioner denied “knowledgeable intent” that the contraband was present, this created a credibility issue for the Hearing Officer to resolve (see, Matter of Stile v. Goord, supra ).   Petitioner's remaining contentions have been reviewed and found to be without merit.

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

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