You are here: / / FAILURE TO PRESERVE AND PHOTOGRAPH THE CONTRABAND REQUIRED ANNULMENT OF ...

FAILURE TO PRESERVE AND PHOTOGRAPH THE CONTRABAND REQUIRED ANNULMENT OF THE CONTRABAND AND SMUGGLING DETERMINATIONS.

The Fourth Department annulled the contraband and smuggling determinations because the respondent did not preserve and photograph the items:

We … agree with petitioner that the judgment must be modified with respect to the first misbehavior report by granting the petition in part because respondent failed to preserve and photograph the alleged contraband in violation of Department of Corrections & Community Supervision Directive No. 4910A … , and the error cannot be deemed harmless on this record. Matter of Adams v New York State Dept. of Corr. & Community Supervision, 2017 NY Slip Op 04728, 4th Dept 6-9-17

DISCIPLINARY HEARINGS (INMATES) (FAILURE TO PRESERVE AND PHOTOGRAPH THE CONTRABAND REQUIRED ANNULMENT OF THE CONTRABAND AND SMUGGLING DETERMINATIONS)

You might also like
Biogas Facility Which Is Located on a Farm and Which Produces Electricity from Manure Is Not Entitled to a Tax Exemption Pursuant to the Former Version of RPTL 483-a
Rebuttal Witness Properly Called by the People to Show Possible Bias of Defense Witness
DEFENDANT WAS NOT INCLUDED IN THE SANDOVAL CONFERENCE, NEW TRIAL ORDERED (FOURTH DEPT).
Disorderly Conduct as a Family Offense Needn’t Occur in a Public Place
STONE WALL ABUTTING A SIDEWALK IS NOT A FEATURE CONSTRUCTED ON THE SIDEWALK, THE SPECIAL USE DOCTRINE THEREFORE DID NOT APPLY, HERE THE WALL OBSTRUCTED PLAINTIFF BICYCLIST’S VIEW AND PLAINTIFF WAS STRUCK BY A CAR BACKING ACROSS THE SIDEWALK, PROPERTY OWNER OWED NO DUTY TO PLAINTIFF.
Causes of Action Against County Personnel Based Upon Negligent Hiring, Training and Supervision Should Not Have Been Dismissed–Plaintiff’s Decedent Was Killed at the Hands of Her Mother and Half-Brother—Complaint Alleged County’s Negligence in Failing to Protect Plaintiff’s Decedent
THE CRIME TO WHICH DEFENDANT PLED DID NOT HAVE A FORCIBLE COMPULSION ELEMENT SO 10 POINTS SHOULD NOT HAVE BEEN ASSESSED ON THAT GROUND; HOWEVER THE MATTER WAS SENT BACK BECAUSE AN UPWARD DEPARTURE MIGHT BE WARRANTED (FOURTH DEPT).
CLAIMS AGAINST DEFENDANT NURSING HOME SOUNDED IN MEDICAL MALPRACTICE AND IN NEGLIGENCE, REQUIRING ANALYSES USING DIFFERENT CRITERIA; SOME CAUSES OF ACTIONS SHOULD HAVE BEEN DISMISSED (FOURTH DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

Copyright © 2023 New York Appellate Digest, LLC
Site by CurlyHost | Privacy Policy

DEFENDANT’S STATEMENT THAT HE HAD A HANDGUN SHOULD HAVE BEEN SUPPRESSED,... GRAND JURY MINUTES SHOULD NOT BE RELEASED IN THIS CIVIL RIGHTS ACTION STEMMING...