MATTER OF SAWYER v. ANNUCCI

521780.

140 A.D.3d 1499 (2016)

35 N.Y.S.3d 511

2016 NY Slip Op 04997

In the Matter of TRAZZ SAWYER, 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 June 23, 2016.


During a search of petitioner's cell, a correction officer found two metal rods less than four inches in length, one that was bent and the other that was melted into a plastic pen tube, concealed behind a piece of baseboard. As a result, petitioner was charged in a misbehavior report with possessing a weapon, possessing an altered item and possessing contraband. He was found guilty of the charges following a tier III disciplinary hearing and the determination was affirmed...

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