MATTER OF SUERO v. FISCHER

511679.

95 A.D.3d 1509 (2012)

943 N.Y.S.2d 809

2012 NY Slip Op 3896

In the Matter of ANGEL SUERO, Petitioner, v. BRIAN FISCHER, AS COMMISSIONER OF CORRECTIONS and COMMUNITY SUPERVISION, et al., Respondents.

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

Decided May 17, 2012.


While a group of inmates were returning from a medication run, a correction officer noticed that petitioner appeared to have an object concealed in the palm of his right hand. When the officer directed petitioner to stand to the side, petitioner complied but proceeded to put the object in his mouth. The officer applied body holds to prevent petitioner from swallowing the object, but was unable to retrieve it. Petitioner attempted to strike the officer and a physical altercation...

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