inmate to prepare defense (New York) · Go Syfert
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inmate to prepare defense in New York

9 New York opinions name it 1 courts 1998–2016 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Torres v. Goordgreen
nyappdiv · 1999 · cited in 4 New York opinions naming this issue, 2001–2013
2 sentences

2013This regulation provides that a misbehavior report must set forth “the date, time and place of the offense, . . . the disciplinary rule alleged to have been violated and . . . the factual basis for the charge with enough particularity to enable the inmate to prepare a defense” (Matter of Torres v Goord, 261 AD2d 759, 759 [1999]; see Matter of Sepe v Goord, 1 AD3d 667, 667 [2003]; 7 NYCRR 251-3.1 [c]).

2013This regulation provides that a misbehavior report must set forth “the date, time and place of the offense, . . . the disciplinary rule alleged to have been violated and . . . the factual basis for the charge with enough particularity to enable the inmate to prepare a defense” (Matter of Torres v Goord, 261 AD2d 759, 759 [1999]; see Matter of Sepe v Goord, 1 AD3d 667, 667 [2003]; 7 NYCRR 251-3.1 [c]).

34
Couch v. Goordgreen
nyappdiv · 1998 · cited in 3 New York opinions naming this issue, 1999–2003
2 sentences

2003“Rather, it suffices to identify the date, time and place of the offense, the specific rule violation and the factual basis for the charge with sufficient particularity to enable the inmate to prepare a defense” (Matter of Couch v Goord, 255 AD2d 720, 721 [1998] [citations omitted]; see Matter of Torres v Goord, supra at 759).

2000A misbehavior report is sufficient if it contains the date, time and place of the offenses, identifies the disciplinary rules alleged to have been violated and specifies the factual basis for the charges with enough particularity to enable the inmate to prepare a defense (see, Matter of Couch v Goord, 255 AD2d 720, 721).

23
Sepe v. Goordgreen
nyappdiv · 2003 · cited in 2 New York opinions naming this issue, 2013–2013
2 sentences

2013This regulation provides that a misbehavior report must set forth “the date, time and place of the offense, . . . the disciplinary rule alleged to have been violated and . . . the factual basis for the charge with enough particularity to enable the inmate to prepare a defense” (Matter of Torres v Goord, 261 AD2d 759, 759 [1999]; see Matter of Sepe v Goord, 1 AD3d 667, 667 [2003]; 7 NYCRR 251-3.1 [c]).

2013This regulation provides that a misbehavior report must set forth “the date, time and place of the offense, . . . the disciplinary rule alleged to have been violated and . . . the factual basis for the charge with enough particularity to enable the inmate to prepare a defense” (Matter of Torres v Goord, 261 AD2d 759, 759 [1999]; see Matter of Sepe v Goord, 1 AD3d 667, 667 [2003]; 7 NYCRR 251-3.1 [c]).

22
Quintana v. Selskygreen
nyappdiv · 2000 · cited in 2 New York opinions naming this issue, 2001–2016
2 sentences

2016We note that “[a] misbehavior report is sufficient if it contains the date, time and place of the offense [ ], identifies the disciplinary rule[ ] alleged to have been violated and specifies the factual basis for the charge! ] with enough particularity to enable the inmate to prepare a defense” (Matter of Quintana v Selsky, 268 AD2d 624, 625 [2000]; see Matter of Jones v Fischer, 111 AD3d 1362, 1363 [2013]; Matter of Quezada v Fischer, 85 AD3d 1462, 1462 [2011]).

2001Notably, a misbehavior report is sufficient if it contains the date, time and place of the offense, identifies the disciplinary rules alleged to have been violated and specifies the factual basis for the charges with enough particularity to enable the inmate to prepare a defense (see, Matter of Quintana v Selsky, 268 AD2d 624 ; Matter of Torres v Goord, 261 AD2d 759 ).

12
Quezada v. Fischergreen
nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016We note that “[a] misbehavior report is sufficient if it contains the date, time and place of the offense [ ], identifies the disciplinary rule[ ] alleged to have been violated and specifies the factual basis for the charge! ] with enough particularity to enable the inmate to prepare a defense” (Matter of Quintana v Selsky, 268 AD2d 624, 625 [2000]; see Matter of Jones v Fischer, 111 AD3d 1362, 1363 [2013]; Matter of Quezada v Fischer, 85 AD3d 1462, 1462 [2011]).

11
Matter of Shepherd v. Commissioner of Corrections and Community Supervisiongreen
nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016Here, the misbehavior report set forth the dates that the urine specimen was taken and tested and the names of the correction officers involved, and indicated that the test results were positive for the presence of K2, which was a violation of disciplinary rule 113.13, the rule that has been held applicable to this type of misconduct {see Matter of Roman v Track, 133 AD3d 959, 960 [2015]; Matter of Ralands v Prack, 131 AD3d 1334, 1335 [2015]).

11
Matter of Roman v. Prackgreen
nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016Here, the misbehavior report set forth the dates that the urine specimen was taken and tested and the names of the correction officers involved, and indicated that the test results were positive for the presence of K2, which was a violation of disciplinary rule 113.13, the rule that has been held applicable to this type of misconduct {see Matter of Roman v Track, 133 AD3d 959, 960 [2015]; Matter of Ralands v Prack, 131 AD3d 1334, 1335 [2015]).

11
Jones v. Fischergreen
nyappdiv · 2013 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016We note that “[a] misbehavior report is sufficient if it contains the date, time and place of the offense [ ], identifies the disciplinary rule[ ] alleged to have been violated and specifies the factual basis for the charge! ] with enough particularity to enable the inmate to prepare a defense” (Matter of Quintana v Selsky, 268 AD2d 624, 625 [2000]; see Matter of Jones v Fischer, 111 AD3d 1362, 1363 [2013]; Matter of Quezada v Fischer, 85 AD3d 1462, 1462 [2011]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
MTR. OF ABDUR-RAHEEM v. Mann green
ny · 1995
1 sentence

2000Where, as here, petitioner was given sufficient particulars to make an effective response, the notice requirement was satisfied (see, Matter of Abdur-Raheem v Mann, 85 NY2d 113, 123 ).

12000–2000
Mays v. Goord neutral
nyappdiv · 1997
1 sentence

1998Rather, it suffices to identify the date, time and place of the offense, the specific rule violation and the factual basis for the charge with sufficient particularity to enable the inmate to prepare a defense (see, Matter of Eckert v Selsky, 247 AD2d 728 ; Matter of Mays v Goord, 243 AD2d 882 ).

11998–1998
Eckert v. Selsky green
nyappdiv · 1998
1 sentence

1998Rather, it suffices to identify the date, time and place of the offense, the specific rule violation and the factual basis for the charge with sufficient particularity to enable the inmate to prepare a defense (see, Matter of Eckert v Selsky, 247 AD2d 728 ; Matter of Mays v Goord, 243 AD2d 882 ).

11998–1998

Where else courts name it

NY 9 (1998–2016) KS 6 (2006–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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