Martinez v. Goord

Appellate Division of the Supreme Court of New York

Martinez v. Goord

248 A.D.2d 1001, 670 N.Y.S.2d 148, 1998 N.Y. App. Div. LEXIS 3078

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 13, 1998

StatusPublished

Cited by3 cases

This text of 248 A.D.2d 1001 (Martinez v. Goord) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Martinez v. Goord, 248 A.D.2d 1001, 670 N.Y.S.2d 148, 1998 N.Y. App. Div. LEXIS 3078 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Determination unanimously annulled on the law without costs and petition granted. Memorandum: The determination that petitioner violated certain prison disciplinary rules was based upon information supplied by confidential informants who did not appear. at the disciplinary hearing and who were not interviewed by the Hearing Officer. The confidential testimony of the correction officer who spoke to the informants was not sufficiently specific and detailed to enable the Hearing Officer to conduct an independent assessment of the credibility of the informants (see, Matter of Abdur-Raheem v Mann, 85 NY2d 113, 122-123; Matter of Huggins v Coughlin, 184 AD2d 823; Matter of Wynter v Jones, 135 AD2d 1032, 1033). Without the informants’ infor [1002]*1002mation, the determination is not supported by substantial evidence (see, People ex rel. Vega v Smith, 66 NY2d 130, 139). We therefore annul the determination, grant the petition and direct that all references thereto be expunged from petitioner’s record. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.)

Present — Pine, J. P., Wisner, Callahan, Boehm and Fallon, JJ.

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—Determination unanimously annulled on the law without costs and petition granted. Memorandum: The determination that petitioner violated certain prison disciplinary rules was based upon information supplied by confidential informants who did not appear. at the disciplinary hearing and who were not interviewed by the Hearing Officer. The confidential testimony of the correction officer who spoke to the informants was not sufficiently specific and detailed to enable the Hearing Officer to conduct an independent assessment of the credibility of the informants (see, Matter of Abdur-Raheem v Mann, 85 NY2d 113, 122-123; Matter of Huggins v Coughlin, 184 AD2d 823; Matter of Wynter v Jones, 135 AD2d 1032, 1033). Without the informants’ infor [1002]*1002mation, the determination is not supported by substantial evidence (see, People ex rel. Vega v Smith, 66 NY2d 130, 139). We therefore annul the determination, grant the petition and direct that all references thereto be expunged from petitioner’s record. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.)

Present — Pine, J. P., Wisner, Callahan, Boehm and Fallon, JJ.

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Bluebook (online)

248 A.D.2d 1001, 670 N.Y.S.2d 148, 1998 N.Y. App. Div. LEXIS 3078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-goord-nyappdiv-1998.

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