MATTER OF KIRTON v. ANNUCCI

522921.

149 A.D.3d 1370 (2017)

2017 NY Slip Op 03091

51 N.Y.S.3d 265

In the Matter of DAVID KIRTON, 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 April 20, 2017.


After petitioner was observed placing an unknown object in his pants pocket in the mess hall, a correction officer gave him several direct orders to show him what was in his pocket and, in response, petitioner slid the object under his food tray and denied having anything. When the officer tried to retrieve the object, petitioner moved over to block the officer from doing so. The officer used force to retrieve the object, an envelope...

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