State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: May 21, 2015 519876
________________________________
In the Matter of WAYNE
COOPERIDER,
Petitioner,
v
MEMORANDUM AND JUDGMENT
ANTHONY J. ANNUCCI, as Acting
Commissioner of Corrections
and Community Supervision,
Respondent.
________________________________
Calendar Date: March 31, 2015
Before: Garry, J.P., Egan Jr., Lynch and Clark, JJ.
__________
Wayne Cooperider, Cape Vincent, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Peter H.
Schiff of counsel), 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 respondent which found petitioner
guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding
challenging a determination finding him guilty of possession of
alcohol and possession of contraband. The charges stemmed from a
search of petitioner's cube that revealed two containers of
homemade alcohol. Although other inmates had access to the area
where the containers were found, a reasonable inference of
possession arises where, as here, the area where the contraband
was discovered is within petitioner's control (see Matter of
Velez v Prack, 122 AD3d 1041, 1041-1042 [2014]; Matter of Sweet v
-2- 519876
Poole, 48 AD3d 867, 868 [2008]). This inference, together with
the misbehavior report and petitioner's testimony at the hearing,
provide substantial evidence to support the determination of
guilt (see Matter of Starling v New York State Dept. of Corr. &
Community Supervision, 123 AD3d 1195, 1196 [2014]; Matter of
Sweet v Poole, 48 AD3d at 868; Matter of Vento v Goord, 41 AD3d
1123, 1123 [2007]). Furthermore, petitioner's contention that he
was denied the right to call witnesses is not preserved for our
review given his failure to object at the hearing (see Matter of
Robinson v Annucci, 122 AD3d 981, 982 [2014]). In any event, his
request for character witnesses was properly denied (see Matter
of Elias v Fischer, 118 AD3d 1193, 1194 [2014]).
Garry, J.P., Egan Jr., Lynch and Clark, JJ., concur.
ADJUDGED that the determination is confirmed, without
costs, and petition dismissed.
ENTER:
Robert D. Mayberger
Clerk of the Court