MATTER OF BOWERS v. VENETTOZZI


59 A.D.3d 793 (2009)

873 N.Y.S.2d 755

In the Matter of KEITH BOWERS, Petitioner, v. D. VENETTOZZI, Respondent.

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

Decided February 11, 2009.


Following an altercation with another inmate, petitioner was charged in a misbehavior report with violent conduct, assault, fighting and refusing a direct order. At the tier III disciplinary hearing, petitioner pleaded guilty with explanation to each of the charges and asserted a justification defense. Ultimately, petitioner was found guilty and an administrative penalty was imposed. Although the penalty subsequently was modified, petitioner's administrative appeal otherwise...

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