The Third Department annulled the disciplinary determination because the hearing officer improperly denied petitioner’s request to call two witness who on the staff of the correctional facility and were trained in the identification of gang-related materials. Petitioner was charged possession of gang-related materials (photographs):
… [T]he Hearing Officer improperly denied petitioner’s request to call two witnesses, who were correctional facility staff trained at identifying gang-related materials, to support his claim that the pictures did not depict any gang-related signs. As petitioner sought such testimony in order to refute a correction officer’s testimony that the gestures in the pictures depict gang signs, the Hearing Officer erred in finding that such testimony would be redundant. Given that the Hearing Officer put forth a good faith reason for the denial, this violated petitioner’s regulatory right to call witnesses and the proper remedy is to remit the matter for a new hearing … . Matter of Williams v Annucci, 2016 NY Slip Op 01535, 3rd Dept 3-3-16
DISCIPLINARY HEARINGS (INMATES) (DENIAL OF REQUEST FOR STAFF WITNESSES REQUIRED ANNULMENT)