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MTR OF CORTORREAL v. ANNUCCI

No. 152.

28 N.Y.3d 54 (2016)

64 N.E.3d 952

41 N.Y.S.3d 723

2016 NY Slip Op 06943

In the Matter of RAFAEL CORTORREAL, Appellant, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

Court of Appeals of New York.

Decided October 25, 2016.

Attorney(s) appearing for the Case

Karen L. Murtagh , Prisoners' Legal Services of New York, Albany ( Matthew P. McGowan of counsel), for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Andrea Oser , Barbara D. Underwood and Julie M. Sheridan of counsel), for respondent.

Chief Judge DIFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM and GARCIA concur; Judge STEIN taking no part.

OPINION OF THE COURT

A hearing officer presiding at an inmate's disciplinary hearing violates the inmate's right to call witnesses by failing to undertake a meaningful inquiry into a requested witness's allegation that the witness had been coerced into refusing to testify in a related proceeding.

I.

While he...

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