Matter of Dickerson v. Annucci

Summary

The court confirmed a determination finding the petitioner guilty of prison disciplinary violations involving smuggling, contraband, drugs, and visitation procedures. It held that substantial evidence supported the determination, the rehearing was timely, the handling of inmate-witness testimony was proper, and the chain of custody was established.

Holdings

1. The determination finding petitioner guilty of the charged violations was supported by substantial evidence.
2. The rehearing was commenced and completed in a timely manner.
3. The Hearing Officer did not err by taking the inmate witness's testimony outside petitioner's presence because petitioner was allowed to submit questions and listen to a recording of the testimony.
4. The record established an unbroken chain of custody for the contraband.

Questions Presented

1. Whether substantial evidence supported the determination finding petitioner guilty of the charged prison disciplinary violations.
2. Whether the rehearing was commenced and completed within the applicable time limits.
3. Whether the Hearing Officer violated petitioner's rights by taking an inmate witness's testimony outside petitioner's presence.
4. Whether the record established an unbroken chain of custody for the contraband.

Disposition

dismissed