MATTER OF ANGARITA v. ANNUCCI

524129.

153 A.D.3d 1535 (2017)

2017 NY Slip Op 06690

60 N.Y.S.3d 705

In the Matter of NELSON ANGARITA, 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 September 28, 2017.


During a search of petitioner's cell, a correction officer found a cylindrical wooden instrument approximately six inches long with a hook on one end and a pointed tip on the other. The instrument was identified as a crochet hook that petitioner admittedly made sharper on one end. Due to his possession of this instrument, petitioner was charged in a misbehavior report with possessing a weapon and possessing an altered item. He was found guilty of the charges following a tier...

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