MATTER OF MULLINS v. ANNUCCI

528110.

177 A.D.3d 1061 (2019)

112 N.Y.S.3d 329

2019 NY Slip Op 07975

In the Matter of Will Mullins, 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 7, 2019.


After petitioner was observed acting suspiciously in the prison yard, he was taken inside to a cell block where a correction officer detected a foreign object in petitioner's groin area during a pat frisk. Petitioner was taken to another room, where a strip frisk produced, among other things, two scalpel-like weapons hidden in his underclothes. Petitioner was charged in a misbehavior report with possessing a weapon and possessing drugs and, following a tier III disciplinary...

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