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DISTURBED DEFENSE

After he was found guilty of violating several prison rules--to wit: creating a disturbance, possession of an altered item, harassment, and refusing a direct order--Jose Bermudez filed an administrative appeal with the Albany County Supreme Court, which transferred the matter to the Appellate Division, Third Department.

Because the guy had been wrongfully deprived "access to relevant evidence" that could have helped him formulate a defense to the charges, the AD3 vacated the underlying determination and sent the matter back for a rehearing.

Now that's disturbing.

To view a copy of the Appellate Division's decision, please use this link: Matter of Bermudez v. Fischer

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