State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: December 11, 2014 518740
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In the Matter of ERICK M.
CAMPBELL,
Petitioner,
v MEMORANDUM AND JUDGMENT
COREY BEDARD, as Acting
Director of Special Housing
and Inmate Disciplinary
Programs,
Respondent.
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Calendar Date: October 21, 2014
Before: Peters, P.J., McCarthy, Garry, Egan Jr. and Devine, JJ.
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Erick M. Campbell, Attica, petitioner pro se.
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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 Corrections and
Community Supervision which found petitioner guilty of violating
a prison disciplinary rule.
Petitioner was charged in a misbehavior report with drug
use after his urine twice tested positive for buprenorphine.
Petitioner pleaded guilty to the charge with the explanation that
he has a severe drug problem. At the conclusion of the tier III
disciplinary hearing, the Hearing Officer found petitioner guilty
as charged. Following an unsuccessful administrative appeal,
petitioner commenced this CPLR article 78 proceeding.
We confirm. Given petitioner's plea of guilty with an
explanation, he is precluded from challenging the sufficiency of
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the evidence supporting the determination of guilt (see Matter of
Fields v Prack, 120 AD3d 1510 [2014]; Matter of Robinson v Prack,
119 AD3d 1309, 1309 [2014]). To the extent that petitioner
contends that he was incompetent to adequately participate in the
hearing, the confidential testimony establishes that the Hearing
Officer properly considered petitioner's mental health status and
ability to participate in the hearing (see Matter of Lashway v
Fischer, 110 AD3d 1420, 1420 [2013]; Matter of Sabino v Prack,
101 AD3d 1202, 1203 [2012]). Petitioner's remaining contentions
have been reviewed and are either unpersuasive or unpreserved for
our review.
Peters, P.J., McCarthy, Garry, Egan Jr. and Devine, JJ.,
concur.
ADJUDGED that the determination is confirmed, without
costs, and petition dismissed.
ENTER:
Robert D. Mayberger
Clerk of the Court