Legal Opinion

Torres v. Fischer

Appellate Division of the Supreme Court of the State of New York

Decided December 13, 2012Published

1Opinion of the Court

Mercure, J.P.

Initially, we note that petitioner has abandoned his challenge to the finding of guilt with regard to the smuggling charge. *1282With respect to the remaining charges, however, we must annul. While hearsay evidence in the form of confidential information may provide substantial evidence to support a determination of guilt, the information must be sufficiently detailed to allow the Hearing Officer to make an independent assessment to determine its reliability and credibility (see Matter of Abdur-Raheem v Mann, 85 NY2d 113, 121 [1995]; Matter of Stone v Bezio, 69 AD3d 1280, 1280 [2010];…

2Cases cited7 opinions

  1. MTR. OF ABDUR-RAHEEM v. MannNew York Court of Appeals · 1995
  2. Linnen v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
  3. Daise v. GiambrunoAppellate Division of the Supreme Court of the State of New York · 2001
  4. Catlin v. Gouverneur Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2007
  5. Colon v. GoordAppellate Division of the Supreme Court of the State of New York · 2005

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