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MATTER OF FRANCIS v. PRACK

515262.

107 A.D.3d 1192 (2013)

966 N.Y.S.2d 616

2013 NY Slip Op 4395

In the Matter of DESMOND FRANCIS, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided June 13, 2013.

When petitioner was asked by a correction officer during a random frisk what he had in his mouth, petitioner opened his mouth and the officer observed an unidentified object almost fall out. Petitioner then closed his mouth and attempted to run away, whereupon the officer wrapped his arms around petitioner's waist and forcibly brought him to the ground. Other officers assisted in gaining control of petitioner, who was resisting...

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