MATTER OF JOHANSEL v. ANNUCCI

524127.

155 A.D.3d 1147 (2017)

62 N.Y.S.3d 836

2017 NY Slip Op 07658

In the Matter of MARTE TEJADA JOHANSEL, 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 November 2, 2017.


During the course of an investigation, correction officials received confidential information identifying petitioner as the leader of an unauthorized gang who ordered an assault on at least two other inmates and who had been distributing razor-type weapons throughout the facility. As a result, petitioner was charged in a misbehavior report with conspiring to assault an inmate, engaging in gang activity, possessing a weapon and...

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