Summary
In Huggins, the Court of Appeals stated: "We agree with the Appellate Division that in the context of a prison disciplinary proceeding in which the prisoner's mental state is at issue, a Hearing Officer is required to consider evidence regarding the prisoner's mental condition."
Summary of this case from Zamakshari v. DvoskinOpinion
Argued September 13, 1990
Decided October 16, 1990
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Karen L. Murtagh-Monks and David C. Leven for appellant.
Robert Abrams, Attorney-General (Martin A. Hotvet, O. Peter Sherwood and Peter H. Schiff of counsel), for respondent.
MEMORANDUM.
The judgment of the Appellate Division should be affirmed, without costs.
We affirm for the reasons stated at the Appellate Division ( 155 A.D.2d 844). We agree with the Appellate Division that in the context of a prison disciplinary proceeding in which the prisoner's mental state is at issue, a Hearing Officer is required to consider evidence regarding the prisoner's mental condition (see, e.g., People ex rel. Gittens v Coughlin, 143 Misc.2d 748; People ex rel. Reed v Scully, 140 Misc.2d 379; Matter of Batthany v Scully, 139 Misc.2d 605). It is clear from the record in this case that the Hearing Officer considered the prisoner's mental condition before deciding the matter.
Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.
Judgment affirmed, without costs, in a memorandum.