During a search of petitioner’s prison cell, a correction officer discovered a broken razor with a missing blade, which blade had been removed and hidden inside some paperwork. As a consequence, petitioner was charged in a misbehavior report with altering state property, possessing an altered item and destroying state property. At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of all three charges. That determination was affirmed upon administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.
We confirm. The misbehavior report, together with the testimony of the correction officer who performed the cell search and authored the report, provide substantial evidence to support the determination of guilt (see Matter of Davis v Goord, 34 AD3d 1027, 1027 [2006]). Petitioner’s exculpatory statements,
Cardona, P.J., Carpinello, Rose, Lahtinen and Malone Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
