MATTER OF SHABAZZ v. PORTUONDO


260 A.D.2d 733 (1999)

688 N.Y.S.2d 279

In the Matter of MICHAEL A. Z. SHABAZZ, Also Known as MICHAEL HURLEY, Appellant, v. LEONARD A. PORTUONDO, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided April 8, 1999.


Carpinello, J.

Petitioner is incarcerated at the Shawangunk Correctional Facility in Ulster County for the crimes of murder in the second degree and assault in the second degree. Because he is assigned to the facility's special housing unit, petitioner is subject to certain heightened security measures. Among these is a "face the wall policy" that requires inmates, as soon as they exit their cells, to face the wall until a correction officer can conduct a pat frisk...

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