Grate v. Annucci, 122 A.D.3d 1053 (N.Y. App. Div. 3d Dep't 2014). · Go Syfert
Grate v. Annucci, 122 A.D.3d 1053 (N.Y. App. Div. 3d Dep't 2014). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Cited for
At page 1054 Determining credibility of confidential informant information4 citing cases
  • Matter of Bowen v. Annucci, 142 A.D.3d 1216 (N.Y. App. Div. 3d Dep't 2016).published
    The confidential information was detailed, included multiple independent sources and revealed valid reasons for finding the information reliable (see Matter of Williams v Fischer, 18 NY3d 888, 890 [2012]; Matter of Grate v Annucci, 122 AD3…
  • Matter of Clark v. Annucci, 128 A.D.3d 1254 (N.Y. App. Div. 3d Dep't 2015).published
    Contrary to petitioner’s claim, the credibility of the confidential information was sufficiently established by the *1255 details given by the confidential source, which included a precise description of the weapon as corroborated by a pho…
  • Matter of Kim v. Annucci, 128 A.D.3d 1196 (N.Y. App. Div. 3d Dep't 2015).published
    Rather than reviewing the confidential information provided to the Inspector General’s office and making independent assessments of reliability and credibility, the Hearing Officer inappropriately relied solely on unsupported testimony of…
  • Matter of Hobson v. Prack, 127 A.D.3d 1370 (N.Y. App. Div. 3d Dep't 2015).published
    Contrary to petitioner’s contention, the Hearing Officer properly assessed the credibility and reliability of the confidential information (see Matter of Williams v Fischer, 18 NY3d 888, 890 [2012]; Matter of Grate v Annucci, 122 AD3d 1053…
Retrieving the full opinion text from the archive…
In the Matter of Darryl Grate
v.
Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision
Appellate Division of the Supreme Court of the State of New York.
Nov 13, 2014.
Published opinion
122 A.D.3d 1053
2014 N.Y. App. Div. LEXIS 7681
Clark, Devine, Egan, Garry, Rose.
Cited by 4 opinions  |  Published

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

In this proceeding, petitioner challenges a determination finding him guilty of violating the prison disciplinary rules prohibiting engaging in violent conduct, creating a disturbance, fighting and refusing a direct order. The charges arose from petitioner’s alleged participation in a large fight that occurred between rival gang members in a recreation room. In our view, the misbehavior report, testimony of correction officers and investigators, confidential information and petitioner’s admission that he was present during the fight provide substantial evidence supporting the determination of guilt (see Matter of Rossi v Fischer, 118 AD3d 1213, 1213 [2014]; Matter of Best v Larkin, 116 AD3d[*1054] 1306, 1307 [2014]). Contrary to petitioner’s argument, the Hearing Officer properly ascertained the credibility and reliability of the confidential information. The testimony of the investigating officers and the detailed and specific confidential material itself established that there were valid reasons to conclude that the multiple informants were reliable in identifying petitioner as having been involved in the fight, and that they were not motivated by promises of reward (see Matter of Williams v Fischer, 18 NY3d 888, 890 [2012]; Matter of Abdur-Raheem v Mann, 85 NY2d 113, 123 [1995]). Petitioner’s remaining contentions have been considered and found to be lacking in merit.

Garry, J.P, Rose, Egan Jr., Devine and Clark, JJ., concur.

Adjudged that the determination is confirmed, without costs, and petition dismissed.