MATTER OF CASTILLO v. ANNUCCI

524642.

155 A.D.3d 1234 (2017)

63 N.Y.S.3d 619

2017 NY Slip Op 07922

In the Matter of PEDRO CASTILLO, 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 9, 2017.


According to a misbehavior report, a correction officer observed petitioner throw a bottle into an adjacent empty cell. A search of the bottle revealed that it contained an "ice pick weapon sharpened to a point." A subsequent search of petitioner's cell led to the discovery of a razor blade, which was identified as contraband. The misbehavior report charged petitioner with possessing a weapon, possessing an authorized item that was altered and possessing contraband. After...

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