MATTER OF TELESFORD v. ANNUCCI

522837.

145 A.D.3d 1304 (2016)

2016 NY Slip Op 08423

44 N.Y.S.3d 243

In the Matter of MARCUS TELESFORD, 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 December 15, 2016.


After a pat frisk of petitioner revealed a concealed object, he grabbed the correction officer's right hand in an attempt to thwart that officer's attempt to recover the object, and use of force was required to subdue petitioner and recover the object. As a result of the incident, petitioner was charged in a misbehavior report with engaging in violent conduct, assaulting staff and interfering with staff. Following a tier III disciplinary hearing, petitioner was found guilty...

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