You are here: / / Hearing Conducted in Absence of Inmate Okay Due to Inmate’s Assaultive a...

Hearing Conducted in Absence of Inmate Okay Due to Inmate’s Assaultive and Menacing Conduct

The Third Department affirmed a guilty determination even though the hearing was conducted in the inmate’s absence.  The inmate had a history of assaults and menacing conduct:

It is well settled that an inmate has a fundamental right to be present at a disciplinary hearing, unless “he or she refuses to attend, or is excluded for reasons of institutional safety or correctional goals” (7 NYCRR 254.6 [a] [2]…). When an inmate is denied the right to be present at a hearing, there must be a factual basis in the record supporting the Hearing Officer’s decision … .  Here, the Hearing Officer set forth on the record his reasons for excluding petitioner from the hearing, including petitioner’s menacing conduct at a hearing earlier that same day, which he personally witnessed,  as well as petitioner’s multiple assaults on staff during the past several months.  Based upon these incidents, the Hearing Officer could reasonably conclude that petitioner’s presence at the hearing would jeopardize institutional safety and correctional goals.  Matter of Barnes v Prack, 514889, 3rd Dept 9-19-13

 

You might also like
REQUEST FOR A FRYE HEARING CONCERNING A COMPUTER PROGRAM (TRUEALLELE) THAT PURPORTS TO IDENTIFY DNA CONTAINED IN A MIXTURE THAT COULD NOT OTHERWISE BE TIED TO THE DEFENDANT PROPERLY DENIED BASED ON THE RESULTS OF A HEARING ON THE SAME ISSUE IN ANOTHER CASE, EVEN THOUGH THAT CASE IS ON APPEAL, DEFENSE REQUEST FOR THE ORIGINAL CODE FOR THE PROGRAM, MADE FOR THE FIRST TIME DURING CROSS-EXAMINATION OF THE PEOPLE’S EXPERT, PROPERLY DENIED (THIRD DEPT).
FATHER DENIED HIS RIGHT TO COUNSEL IN THIS MODIFICATION OF CUSTODY PROCEEDING (THIRD DEPT).
MOTHER’S OBJECTIONS TO THE CHILD SUPPORT ORDER WERE NEVER SERVED ON FATHER’S COUNSEL; THE SUBSEQUENT ORDER GRANTING THE OBJECTIONS IS VOID (THIRD DEPT). ​
COURT IMPROPERLY REQUIRED DEFENDANT TO WAIVE HIS RIGHT TO APPEAL, DEFENDANT’S PLEA WAS NOT SUBJECT TO A PLEA BARGAIN.
THE PROSECUTOR REFUSED TO PARTICIPATE IN THE MURDER TRIAL ARGUING THAT THE JUDGE’S PRECLUSION OF EVIDENCE MADE THE PROSECUTION IMPOSSIBLE; IN THE PROSECUTOR’S ABSENCE AT TRIAL, THE JUDGE DISMISSED THE INDICTMENT PURSUANT TO CPL 290.10; THE JUDGE DID NOT HAVE AUTHORITY TO DISMISS THE INDICTMENT; WRIT OF PROHIBITION GRANTED (THIRD DEPT).
PLAINTIFF WAS INJURED BY A FALLING TREE LIMB; THE CITY AND COUNTY, AS PART OWNERS OF THE TREE, CANNOT BE LIABLE BECAUSE THERE WERE NO VISIBLE SIGNS OF DECAY; THE PRIVATE PARTY WHOSE NEIGHBOR WAS INJURED BY THE FALLING LIMB, HOWEVER, MAY BE LIABLE BECAUSE HE WAS AWARE THE LIMB WAS WEAK (THIRD DEPT). ​
Family Court Properly Assumed Jurisdiction Over California Order
Presumption of Validity of Property Tax Assessment Rebutted

Categories

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

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Statements Made In Plea Allocution Negated Guilt Insufficient Justification for Removing Inmate from Hearing