MATTER OF FRAGOSA v. MOORE

512473.

93 A.D.3d 979 (2012)

939 N.Y.S.2d 668

2012 NY Slip Op 1716

In the Matter of ANTHONY FRAGOSA, Petitioner, v. HENRY MOORE, as Hearing Officer at Sullivan Correctional Facility, Respondent.

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

Decided March 8, 2012.


A correction officer observed petitioner acting suspiciously and ordered him to place his hands on the wall for a pat frisk. Although petitioner initially hesitated, he eventually complied, but then attempted to reach into the right front pocket of his pants. The officer put petitioner in a body hold and, after placing him in mechanical restraints, reached into petitioner's pocket and recovered a small piece of wax paper containing a brown colored substance that tested positive...

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