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MATTER OF DAVEY v. ANNUCCI

523811.

153 A.D.3d 992 (2017)

56 N.Y.S.3d 913

2017 NY Slip Op 06019

In the Matter of DAVID DAVEY, 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 August 3, 2017.

A random search of petitioner's property revealed a weapon in the form of a hand-made four-inch long scalpel-type blade secured into the shaft of a state-issued ballpoint pen with a sheath. As a result, petitioner was charged in a misbehavior report with possessing a weapon or dangerous instrument, possessing contraband and smuggling. Following a tier III disciplinary hearing, petitioner was found guilty of the charges, and the...

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