Legal Opinion
Sabino v. Prack
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 2012PublishedCited by 4 opinions
1Opinion of the Court
*1203Respondent initially concedes, and we agree, that the determination must be annulled insofar as petitioner was found guilty of drug possession, as he was improperly deprived of the right to call a witness with information relevant to that charge (see Matter of Meyers v Fischer, 85 AD3d 1480, 1481 [2011]; Matter of Michaelides v Goord, 300 AD2d 718, 719 [2002]). In light of the recommended loss of good time, this matter must be remitted for a redetermination of the penalty imposed (see Matter of Gomez v Leclaire, 53 AD3d 994, 995 [2008]).
Turning to the remaining procedural challenges advanced…
2Cases cited7 opinions
- Suero v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Gomez v. LeclaireAppellate Division of the Supreme Court of the State of New York · 2008
- Irwin v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Michaelides v. GoordAppellate Division of the Supreme Court of the State of New York · 2002
- Reynolds v. LaClairAppellate Division of the Supreme Court of the State of New York · 2011
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sylvester v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Campbell v. BedardAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Medina v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2015
- Sylvester v. FischerAppellate Division of the Supreme Court of the State of New York · 2013