MATTER OF McBRIDE v. ANNUCCI

522497.

142 A.D.3d 1218 (2016)

37 N.Y.S.3d 638

In the Matter of NORMAN McBRIDE, 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 September 15, 2016.


Petitioner was charged in a misbehavior report with engaging in violent conduct, creating a disturbance, failing to comply with frisk procedures and refusing a direct order. According to the report, after having observed petitioner slip a small, white paper object into his left boot, a correction officer directed petitioner to the wall for a pat frisk. Although initially compliant, petitioner refused to remove his left boot and stepped away from the wall. After petitioner...

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