MATTER OF SANDERS v. ANNUCCI

519385

128 A.D.3d 1156 (2015)

7 N.Y.S.3d 733

2015 NY Slip Op 03905

In the Matter of TERRY SANDERS, 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 May 7, 2015.


As petitioner was returning to his cell from his prison job, a correction officer stopped him and questioned him about some paperwork that he was carrying. Petitioner became argumentative and the officer ordered him to stand against the wall for a pat frisk. Petitioner proceeded to strike the officer and another officer in the area, and a struggle ensued during which petitioner ignored orders to place his hands behind his back. He was thereafter charged in a misbehavior report...

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