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Graham v. New Jersey Department of Corrections

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


December 22, 2009

JACKIE GRAHAM, APPELLANT,
v.
NEW JERSEY DEPARTMENT OF CORRECTIONS, RESPONDENT.

On appeal from a Final Agency Decision of the Department of Corrections.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: December 16, 2009

Before Judges Cuff and C.L. Miniman.

This is a prison disciplinary appeal. We review a final decision of respondent Department of Corrections which found that inmate Jackie Graham had assaulted another inmate and was guilty of the offense of assaulting another person, *.002, N.J.A.C. 10A:4-4.1(a). The following sanction was imposed: 15 days detention, 365 days loss of commutation time, and 365 days administrative segregation.

On appeal, the inmate argues that the decision of the hearing officer was not based on credible evidence in the record. We disagree and affirm.

Our standard of review is very narrow. If the decision is based on substantial credible evidence in the record, we must affirm. Henry v. Rahway State Prison, 81 N.J. 571, 579-80 (1980). Our review of the evidence reveals that the finding of guilt is supported by substantial credible evidence in the record.

The record reveals that another inmate was assaulted in his cell. The victim of the assault informed corrections officers that he was assaulted by three inmates. The victim identified inmate Graham as one of the three inmates who attacked him. In addition, the hearing officer noted that Graham's initially asserted alibi was quickly discredited and a credible confidential informant confirmed the assault of the victim by Graham and two other inmates.

Having determined that the finding of guilt is founded on substantial credible evidence in the record, we affirm.

Affirmed.

20091222

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