MATTER OF ADGER v. ANNUCCI

527217.

171 A.D.3d 1282 (2019)

97 N.Y.S.3d 756

2019 NY Slip Op 02601

In the Matter of Gerald Adger, 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 April 4, 2019.


During a search of petitioner's cell, a correction officer recovered a makeshift weapon made from a state-issued razor blade inserted between two toothbrushes that was hidden inside a talcum powder container. As a result, 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 III disciplinary hearing and the determination was later affirmed on administrative appeal. Petitioner...

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