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Denial of Inmate’s Request for Evidence and Failure to Include Confidential Testimony Required Annulment

In annulling the disciplinary determination, the Third Department noted the Hearing Officer’s failure to explain the denial of the inmate’s request for evidence and failure to include confidential testimony which was relied upon:

Inasmuch as the record before us fails to include any  explanation for the denial of the requested evidence, which may have prejudiced his defense, and is incomplete in that it does not include the confidential testimony taken and relied upon by the Hearing Officer in reaching the determination, we  are unable to undertake meaningful review… .  Matter of Gallagher, 514650, 3rd Dept 7-3-13

 

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Failure to Transcribe Entire Hearing Required Annulment Violation of Inmate’s Right to Call a Witness Required Expungement