State v. McCoy

Rule 2 of the Rules of Appellate Procedure provides that “[t]o prevent manifest injustice to a party, or to expedite decision in the public interest, either court of the appellate division may, except as otherwise expressly provided by these rules, suspend or vary the requirements or provisions of any of these rules in a case pending before it upon application of a party or upon its own initiative . ...” I can conceive of no greater example of “manifest injustice” than to allow a man to be imprisoned based only on unsworn statements, including statements not made on the record. Adding to the…