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MATTER OF ALSTON v. ANNUCCI

523322.

153 A.D.3d 981 (2017)

59 N.Y.S.3d 850

2017 NY Slip Op 06011

In the Matter of JONAH ALSTON, Appellant, 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 August 3, 2017.

During the course of a facility-wide search, a frisk of petitioner's prison cell revealed a hidden weapon in the form of a seven-inch long metal ice pick sharpened to a point at one end. As a result, petitioner was charged in a misbehavior report with possessing a weapon or dangerous instrument. Following a tier III disciplinary hearing, petitioner was found guilty of the charge, and the determination was upheld on administrative...

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