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