MATTER OF CRUZ v. ANNUCCI

523412.

152 A.D.3d 1100 (2017)

2017 NY Slip Op 05890

59 N.Y.S.3d 820

In the Matter of ELIAS CRUZ, 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 July 27, 2017.


Petitioner and another inmate were observed punching each other in a populated prison yard area and ignored an initial directive to stop. Petitioner was then escorted into the facility where a pat frisk led to the discovery of an approximately six-inch long weapon in the form of a pen with a piece of plastic sharpened to a point and attached at one end. As a result of the incident in the prison yard, petitioner was charged in...

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