MATTER OF RODRIGUEZ v. MILLER

522733.

146 A.D.3d 1257 (2017)

2017 NY Slip Op 00520

45 N.Y.S.3d 714

In the Matter of EDWIN RODRIGUEZ, Petitioner, v. CHRISTOPHER MILLER, as Superintendent of Great Meadow Correctional Facility, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided January 26, 2017.


While a correction officer was directing inmates to return to their cells, he advised them that no food was to leave the feed-up area. When petitioner indicated that he had not yet eaten, the officer informed petitioner to return to his cell, stating that petitioner could eat with his company. The officer frisked petitioner prior to leaving the area, at which time a piece of baked chicken was discovered in a chip bag in petitioner's back pocket. As a result, petitioner was...

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