MATTER OF JOHNSON v. CORBITT

511457.

87 A.D.3d 1214 (2011)

929 N.Y.S.2d 783

2011 NY Slip Op 6516

In the Matter of JOHNATHAN JOHNSON, Appellant, v. HARRY J. CORBITT, as Superintendent of the New York State Police, et al., Respondents.

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

Decided September 22, 2011.


Petitioner, a prison inmate, was served with a misbehavior report in March 2008, in which he was alleged to have thrown urine in the face of a correction officer. As a result, the officer filed criminal charges and testified before a grand jury, after which petitioner was indicted on the charge of aggravated harassment of an employee by an inmate. Ultimately, respondent Franklin County District Attorney declined to continue the prosecution. Shortly thereafter, petitioner...

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