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Franklin v. Hoke

Appellate Division of the Supreme Court of New York, Third Department
Jun 20, 1991
174 A.D.2d 908 (N.Y. App. Div. 1991)

Opinion

June 20, 1991

Appeal from the Supreme Court, Ulster County.


Although the Hearing Officer did not personally interview the confidential informants but instead relied on in camera testimony and a report of correction officers who interviewed the informants, the record shows that the Hearing Officer had a sufficient basis to make his own independent assessment of the informants' credibility (cf., Matter of Wynter v Jones, 135 A.D.2d 1032). The officers reported independent investigations during which they had conversations with various persons describing incidents where petitioner committed extortive acts. The descriptions were given by persons unacquainted with each other and described a common pattern of behavior of petitioner towards inmates. The information given by the officers was sufficiently detailed and specific to provide an objective basis for concluding that the informants were credible (cf., Matter of Kalonji v Coughlin, 157 A.D.2d 941; see, Matter of Harris v Coughlin, 116 A.D.2d 896, lv denied 67 N.Y.2d 610, 1047).

Mahoney, P.J., Casey, Weiss, Levine and Harvey, JJ., concur. Adjudged that the determination is confirmed, and petition dismissed, without costs.


Summaries of

Franklin v. Hoke

Appellate Division of the Supreme Court of New York, Third Department
Jun 20, 1991
174 A.D.2d 908 (N.Y. App. Div. 1991)
Case details for

Franklin v. Hoke

Case Details

Full title:In the Matter of GUS FRANKLIN, Petitioner, v. ROBERT HOKE, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 20, 1991

Citations

174 A.D.2d 908 (N.Y. App. Div. 1991)
571 N.Y.S.2d 604

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