Friday, July 12, 2013

The lack of a full transcript of a disciplinary hearing for review by the court requires the annulment of the finding of guilt

The lack of a full transcript of a disciplinary hearing for review by the court requires the annulment of the finding of guilt
Farrell v New York State Off. of the Attorney Gen., 2013 NY Slip Op 05014, Appellate Division, Third Department

In this proceeding the Appellate Division reviewed a determination of Commissioner of Corrections and Community Supervision which found a prisoner guilty of violating a prison disciplinary rule.

The prisoner contended that, among other things, a meaningful review of the Commissioner’s decision by the court was precluded because a significant portion of the hearing was not transcribed.

The Appellate Division agreed, explaining that it appeared that only the first side of the audiotape made during the hearing was transcribed by the stenographer. The stenographer had noted that "[s]econd side of tape not audible - runs on fast speed only," and then “abruptly ended the transcript.”

The court said that it could not ascertain what was on the second side of the tape or if it would have been beneficial to the prisoner's defense. Accordingly, it ruled that the Commissioner’s determination must be annulled and remanded the matter for a new hearing.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2013/2013_05014.htm

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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