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MATTER OF DRAKE v. ANNUCCI

528892.

178 A.D.3d 1189 (2019)

111 N.Y.S.3d 557

2019 NY Slip Op 08756

In the Matter of Wallace Drake, 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 December 5, 2019.

Attorney(s) appearing for the Case

Wallace Drake, Elmira, petitioner pro se.

Letitia James , Attorney General, Albany ( Julie M. Sheridan of counsel), for respondent.

Letitia James , Attorney General, Albany ( Julie M. Sheridan of counsel), for respondent.

Garry, P.J., Clark, Mulvey and Aarons, JJ., concur.

An outgoing envelope was flagged by the correctional facility mailroom based upon the misspelled name and incorrect identification number of the inmate who allegedly sent the correspondence. Upon consent from the Superintendent of the correctional facility, the envelope was opened, revealing two small envelopes addressed to inmates in separate correctional facilities with letters inside, one of which allegedly discussed gang activities. Following an inquiry into the matter...

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