MATTER OF SYLVESTER v. ANNUCCI

530201.

186 A.D.3d 1857 (2020)

131 N.Y.S.3d 722

2020 NY Slip Op 05109

In the Matter of Joachim S. Sylvester, 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 September 24, 2020.


Following a search of petitioner's cell, petitioner was charged in a misbehavior report with possessing a weapon, possessing an altered item and possessing excessive tobacco. A correction officer packed petitioner's belongings into six draft bags, which were labeled and secured with blue zip strips and secured in the C-block orientation property room. The following day, the correction officer continued a more thorough frisk of petitioner's property and uncovered 13 open top...

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