flawed hearing in New York

2025The Court also noted that other Appellate Division decisions—including Matter of Goldstein v Incorporated Vil. of Mamaroneck , 221 AD3d 111 (2d Dept. 2023), cited by Respondent in its memorandum of law—had employed the same flawed test ( see Wagner , [*10] 2025 NY Slip Op 05783, *2 ). [FN5] The Court's observation that "the DOE concedes that it understands what documents petitioner seeks and knows they are located in the agency's electronic database" indicated that the request was reasonably described ( see id. at *2).

2015This Court responded that "the test must be not what the hearing did not produce, but what it might have produced if the defendant's right to counsel had not been ignored" (id. at 321). "[T]he result of such inquiry would have to be pure speculation" (id.). - 9 - - 10 - No. 26, 27 The denial of the right to counsel at trial "is of constitutional dimension" and is not subject to harmless error analysis (Hodge, 53 NY2d at 320 ; People v Hilliard, 73 NY2d 584, 587 [1989]).

2000While these statements, assuming they were made, would state a cause of action for slander per se (see, Levy v Educational Records Bur., 170 AD2d 391, 392 ), they involve a subject on which defendant and the child’s parents had a common interest, namely the integrity of the testing process and any ill effects that a flawed test might have on the child’s education.

1998Ctr., 230 AD2d 695, 697 .) In remanding this matter on the basis of an inadequate investigation, the IAS Court applied an improper standard and indulged in a flawed analysis of the facts.

1996In fact, her questions far exceeded the scope of the court’s modified ruling (see, People v Owens, 203 AD2d 106 , lv denied 84 NY2d 871 ), for she did not confine herself to the two drug sale convictions or their underlying facts: she asked whether he engaged in the general practice of selling drugs whenever he needed the income, i.e., during the 25 years he was admittedly an unemployed addict.

1992The appropriate remedy for a flawed hearing would be a new hearing (see, e.g., Frizzell v Frizzell, 177 AD2d 825, 826 ).

1981True, the State, by presenting the case to a Grand Jury in the first instance, may bypass the preliminary hearing stage entirely (see, e.g., People v Edwards, 19 Misc 2d 412 ).