MATTER OF BROWN v. KEATING


309 A.D.2d 1106 (2003)

766 N.Y.S.2d 407

In the Matter of GREGORY V. BROWN, Petitioner, v. DANIEL V. KEATING, as Sheriff of Rensselaer County, Respondent.

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

Decided October 30, 2003.


Petitioner challenges a determination finding him guilty of violating the correctional facility disciplinary rule which prohibits menacing. The charges stem from petitioner's threatening statements to a correction officer. We reject petitioner's contention that because he was confined to his cell at the time of the incident, the statements could not be construed as menacing. The statements made were clearly meant to threaten the correction officer. Petitioner's reliance on...

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