MATTER OF GONZALEZ v. ANNUCCI

523639.

149 A.D.3d 1455 (2017)

2017 NY Slip Op 03254

52 N.Y.S.3d 738

In the Matter of JAVON GONZALEZ, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided April 27, 2017.


As the result of an authorized mail watch, correction officials intercepted an outgoing letter written by petitioner, a member of the Bloods gang, directing an assault on other inmates in retaliation for a previous assault on petitioner. Petitioner was thereafter charged in a misbehavior report with gang activity, violent conduct, assaulting an inmate and making threats. Following a tier III disciplinary hearing, petitioner was found not guilty of making threats, but guilty...

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