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Hearing Officer’s Refusal to Call Witness Required Expungement of Relevant Charges

The Third Department determined the relevant charges must be expunged because the hearing officer refused to call a witness, a violation of the inmate’s constitutional right:

…[T]he Hearing Officer erroneously refused to call a correction officer who witnessed petitioner’s behavior while being escorted to his cell. Inasmuch  as petitioner was deprived of his constitutional right to call a witness with regard to that incident, expungement of the related charges is required… .  Matter of Cahill v Prack, 515216, 3rd Dept, 5-16-13

 

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No Constitutional Issue Raised by Claim that County Is Paying Too High a “Mobility Tax” Because It Does Not Receive as Much Transit Service as Other Counties Paying the Same Amount
Substantial Evidence Did Not Support Maltreatment Report
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DEFENDANT WAS NOT INFORMED OF THE RIGHTS HE WAS GIVING UP BY PLEADING GUILTY, THE JUDGE IMPROPERLY IMPOSED AN ENHANCED SENTENCE AND CHANGED THE TERMS OF THE PLEA AGREEMENT; GUILTY PLEA VACATED IN THE INTEREST OF JUSTICE (THIRD DEPT).
RECORD DID NOT SUPPORT REMOVING CHILD FROM MOTHER’S CUSTODY, FAMILY COURT REVERSED (THIRD DEPT).

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