Matter of Alston v Martuscello

Holding The court confirmed the disciplinary determination finding the petitioner guilty of smuggling and possessing contraband, as the evidence provided substantial support for the guilt finding. The court held that minor inconsistencies in documentation and the petitioner’s speculative claims regarding tampered property were credibility issues for the Hearing Officer to resolve.

The court’s words

The detailed misbehavior report, unusual incident report, related documentation and video footage from the property processing room provide substantial evidence to support the determination of guilt

2026 NY Slip Op 05834, at the official text

Any minor inconsistencies in the documentation presented a credibility issue for the Hearing Officer to resolve

2026 NY Slip Op 05834, at the official text

as did petitioner's speculative assertion that someone tampered with his property bag

2026 NY Slip Op 05834, at the official text