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MATTER OF HORTON v. ANNUCCI

520425.

133 A.D.3d 1002 (2015)

20 N.Y.S.3d 207

In the Matter of ROBERT A. HORTON, 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 November 12, 2015.

During the course of an investigation, correction officials conducted a search of petitioner's cell and found documents in his large locker that appeared to be forged. One was a judicial decision on petitioner's CPL article 440 motion that was allegedly signed by a judge. The other was an order purportedly signed by the same judge directing the superintendent of the correctional facility to release petitioner from custody. Copies...

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