Torres v. Fischer
Appellate Division of the Supreme Court of the State of New York
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
- MTR. OF ABDUR-RAHEEM v. MannNew York Court of Appeals · 1995
- Linnen v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
- Daise v. GiambrunoAppellate Division of the Supreme Court of the State of New York · 2001
- Catlin v. Gouverneur Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2007
- Colon v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by20 opinions
- Staine v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Davila v. PrackAppellate Division of the Supreme Court of the State of New York · 2014
- Rosa v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Muller v. FischerAppellate Division of the Supreme Court of the State of New York · 2015
- Carrasquillo v. RabsattAppellate Division of the Supreme Court of the State of New York · 2013
15 more not listed; retrieve them via the Exa API.