IN THE MATTER OF MAHON v. GOORD


20 A.D.3d 837 (2005)

798 N.Y.S.2d 799

In the Matter of KALONGI MAHON, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

July 28, 2005.


During a pat frisk, a correction officer discovered a packet of paper in petitioner's pocket and set it aside. When petitioner lunged for the packet, he knocked the officer to the ground and a struggle ensued. With the assistance of other correction officers, petitioner was subdued before ingesting the packet. Thereafter, he was charged in two misbehavior reports with assaulting staff, engaging in violent conduct, refusing a direct order and violating search and frisk procedures...

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