Vega v. Coughlin

Determination unanimously confirmed and petition dismissed. Memorandum: We reject petitioner’s contention that respondents’ determination finding him guilty of possession of a weapon was not supported by substantial evidence. The misbehavior report by itself can constitute substantial evidence of an inmate’s misconduct (Matter of Perez v Wilmot, 67 NY2d 615, 616; People ex rel. Vega v Smith, 66 NY2d 130). In addition to the report, the correction officer who authored the report testified that he found the weapon hidden in the light *1077fixture in petitioner’s cell. Although petitioner claimed…