Legal Opinion

Moustakos v. Venettozzi

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

Decided February 2, 2012PublishedCited by 3 opinions

1Opinion of the Court

*993In the context of a prison disciplinary hearing, a prisoner has the right to present relevant documentary evidence in his or her behalf (see 7 NYCRR 254.6 [a] [3]; Matter of Roach v Goord, 46 AD3d 988, 989 [2007]; Matter of Perkins v Goord, 257 AD2d 821, 822 [1999]). Here, prior to the commencement of the hearing, petitioner requested all relevant reports regarding the incident. Although such materials were purportedly supplied to him, he has produced a memorandum, authored by a correction officer, that reports that when questioned about the incident, the victim stated that “he doesn’t know…

2Cases cited3 opinions

  1. Cowart v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
  2. Perkins v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
  3. Roach v. GoordAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by3 opinions

  1. Moustakos v. StateAppellate Division of the Supreme Court of the State of New York · 2015
  2. MOUSTAKOS, CHRIS v. STATE OF NEW YORKAppellate Division of the Supreme Court of the State of New York · 2015
  3. Moustakos v. StateAppellate Division of the Supreme Court of the State of New York · 2015

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