IN THE MATTER OF OTERO v. SELSKY


9 A.D.3d 631 (2004)

779 N.Y.S.2d 648

In the Matter of RICHARD OTERO, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

July 8, 2004.


During a search of petitioner's cell, correction officers observed petitioner acting suspiciously and directed him to leave his cell. Petitioner did not comply as directed. After placing him in restraints, the officers noticed that petitioner was attempting to swallow an unknown object. Petitioner was forced onto a mattress and, although he initially refused orders to spit the item out of his mouth, he eventually complied. The item was a golf ball sized balloon, the contents...

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