MATTER OF FRYE v. COMMISSIONER OF DEPT. OF CORR. & COMMUNITY SUPERVISION

527977.

175 A.D.3d 1690 (2019)

106 N.Y.S.3d 642

2019 NY Slip Op 06664

In the Matter of Marcus Frye, Petitioner, v. Commissioner of the Department of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided September 19, 2019.


Attorney(s) appearing for the Case

Marcus Frye, Auburn, petitioner pro se.

Letitia James , Attorney General, Albany ( Marcus J. Mastracco of counsel), for respondent.

Egan Jr., J.P., Clark, Devine, Aarons and Pritzker, JJ., concur.


While a correction officer was performing his duties preparing food carts for the inmates, he heard loud banging and yelling coming from the cellblock where petitioner was housed. When he went to investigate, he observed a number of inmates, including petitioner, kicking their cells and shouting profanities. All of the inmates refused the officer's directive to cease such activity, and petitioner threatened to spit on the officer if the officer did not move away from his...

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