MATTER OF SPENCER v. ANNUCCI

529107.

179 A.D.3d 1372 (2020)

117 N.Y.S.3d 745

2020 NY Slip Op 00466

In the Matter of Devante Spencer, 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 January 23, 2020.


Petitioner, a prison inmate, was charged in a misbehavior report with numerous prison disciplinary violations after he was observed making stabbing motions towards another inmate during a fight in the prison yard and ignored several directives to stop such behavior. When chemical agents were deployed to end the altercation, petitioner was observed running from the area then lying on the ground. A weapon resembling an ice pick was subsequently found on the ground where petitioner...

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