[DOWNLOAD] "Matter Ronald Martin v. Thomas A. Coughlin III" by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter Ronald Martin v. Thomas A. Coughlin III
- Author : Supreme Court of New York
- Release Date : January 16, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
In this proceeding, petitioner challenges the determination finding him guilty of possessing and distributing drugs primarily
on the ground that the Hearing Officer failed to make his own assessment of the confidential informants' credibility. However,
the Hearing Officer personally interviewed one of the informants and the record establishes that this informant's testimony
was sufficiently detailed to allow the Hearing Officer to assess his credibility and to form a basis for the finding of guilt
(see, Matter of McClean v Le Fevre, 142 A.D.2d 911; Matter of Harris v Coughlin, 116 A.D.2d 896, 1v denied 67 N.Y.2d 610,
1047). Furthermore, while the misbehavior report did not set forth the precise time and date of petitioner's drug transactions,
it was more than adequate to inform petitioner of the specific charge against him to enable him to prepare a defense (see,
Matter of Vogelsang v Coombe, 105 A.D.2d 913, affd 66 N.Y.2d 835). As we have previously noted, greater detail may not always
be possible if it is necessary to keep the information confidential to protect security interests (see, Matter of Bryant v
Mann, 160 A.D.2d 1086, 1v denied 76 N.Y.2d 706). Here, any more detail could have disclosed the identity of the informant.
Petitioner's remaining contentions have been considered and found to be lacking in merit. Determination confirmed, and petition dismissed, without costs.