MATTER OF HYATT v. ANNUCCI

518940.

125 A.D.3d 1025 (2015)

1 N.Y.S.3d 583

In the Matter of SHANE HYATT, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided February 5, 2015.


While petitioner was being escorted to a disciplinary hearing, a correction officer conducted a pat frisk and a small plastic bag was recovered from petitioner's pants. The correction officer opened the bag and found a letter with gang-related codes and a sharpened metal object wrapped in paper. As a result, petitioner was charged in a misbehavior report with possessing an altered item, possessing gang-related material, smuggling, possessing a weapon and possessing property...

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