Shufelt v. Annucci
| Decision Date | 21 April 2016 |
| Docket Number | 521705. |
| Citation | 2016 N.Y. Slip Op. 03051,138 A.D.3d 1336,31 N.Y.S.3d 243 |
| Parties | In the Matter of Ryan SHUFELT, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent. |
| Court | New York Supreme Court — Appellate Division |
138 A.D.3d 1336
31 N.Y.S.3d 243
2016 N.Y. Slip Op. 03051
In the Matter of Ryan SHUFELT, Petitioner,
v.
Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
521705.
Supreme Court, Appellate Division, Third Department, New York.
April 21, 2016.
Ryan Shufelt, Malone, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: LAHTINEN, J.P., GARRY, DEVINE and CLARK, JJ.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin
County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner was charged in two misbehavior reports with violating prison disciplinary rules for his conduct on the evening of October 15, 2014. During a pat frisk by a correction officer, two flat, sharpened metal objects, each measuring 10 ¼ inches long, were discovered in the boots that petitioner was wearing, and he was charged in a misbehavior report with possessing a weapon and smuggling. Later that night, while petitioner was on contraband watch, he defecated and stamps in a plastic bag were recovered, and he was charged in a second misbehavior report with possession of authorized articles in an unauthorized area and smuggling. At the ensuing tier III disciplinary hearing, petitioner pleaded guilty to the charges contained in the second misbehavior report and was found guilty of all of the charges. On administrative appeal, the determination was upheld with a modified penalty. Petitioner thereafter commenced this proceeding challenging the determination.
We confirm. Given that petitioner pleaded guilty to the charges contained in the second misbehavior report, he forfeited any challenge to the sufficiency of the evidence supporting the determination of guilt of those charges (see Matter of Kim v. Annucci, 128 A.D.3d 1196, 1197, 8 N.Y.S.3d 495 [2015] ).1 With regard to petitioner's challenge to the determination on the first misbehavior report, we find that the testimony of its author who found the...
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...to the sufficiency of the evidence supporting the determination of guilt regarding that charge (see Matter of Shufelt v. Annucci, 138 A.D.3d 1336, 1337, 31 N.Y.S.3d 243 [2016] ). Further, he has abandoned any challenge to the finding of guilt with respect to the smuggling charge by his fail......
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