Legal Opinion
Gross v. Yelich
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2012PublishedCited by 9 opinions
1Opinion of the Court
During a disciplinary hearing, an inmate “may call witnesses on his [or her] behalf provided their testimony is material, is not redundant, and doing so does not jeopardize institutional safety or correction goals” (7 NYCRR 254.5 [a]). Petitioner requested the testimony of the cook to whom the correction officer turned over the packet of Kool-Aid that he allegedly found during the frisk of petitioner. The Hearing Officer denied this witness, indicating that her testimony was irrelevant because she was not present during the frisk of petitioner and would merely testify that she had been given…
2Cases cited4 opinions
- Caldwell v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
- Wong v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988
- Taylor v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1990
- Roberson v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by9 opinions
- Hand v. GutweinAppellate Division of the Supreme Court of the State of New York · 2014
- Vidal v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Allaway v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Payton v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Reyes v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
4 more not listed; retrieve them via the Exa API.