MATTER OF CRENSHAW v. FISCHER

511206.

87 A.D.3d 1189 (2011)

929 N.Y.S.2d 346

2011 NY Slip Op 6438

In the Matter of WILLIAM CRENSHAW, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided September 15, 2011.


While petitioner was being released from the dormitory entrance to get his legal mail, a correction officer noticed a suspicious bulge in his jacket and told him to lift it. Although petitioner initially refused, he later complied, at which point the officer noticed that petitioner's pants were sitting far below his waist, an issue for which he had previously been counseled. When the officer directed petitioner to pull up his pants, petitioner responded "kiss my a**." The...

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