During the course of a pat frisk, petitioner swung his elbow toward a correction officer and attempted to strike him. As a result, he was charged in a misbehavior report with attempting to assault staff, refusing a direct order and creating a disturbance. Following a tier III disciplinary hearing, petitioner was found guilty of attempting to assault staff, but not guilty of the other charges. The determination was later affirmed on administrative appeal and this CPLR article...
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