MATTER OF HEARD v. ANNUCCI

524400.

155 A.D.3d 1166 (2017)

62 N.Y.S.3d 819

2017 NY Slip Op 07666

In the Matter of ANTONIO HEARD, 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 in which confidential information was received, correction officials learned that petitioner, together with another inmate who had conspired with petitioner, was a distributer of suboxone within the facility. Following a drug-related assault on petitioner's coconspirator, petitioner was charged in a misbehavior report with smuggling and conspiring to sell drugs within the facility. At the conclusion of a tier III disciplinary hearing...

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