MATTER OF ESTRADA v. ANNUCCI

532826.

199 A.D.3d 1145 (2021)

156 N.Y.S.3d 576

2021 NY Slip Op 06127

In the Matter of Pedro Estrada, 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 10, 2021.


Attorney(s) appearing for the Case

Pedro Estrada, Wallkill, petitioner pro se.

Letitia James , Attorney General, Albany ( Kate H. Nepveu of counsel), for respondent.

Garry, P.J., Egan Jr., Clark, Aarons and Reynolds Fitzgerald, JJ., concur.


During a strip frisk, petitioner, an incarcerated individual, refused to comply with several orders given by a correction officer to spread his buttocks. When the correction officer activated his alarm to contact his immediate supervisor by radio, petitioner attempted to strike the correction officer in the head with a closed fist. The correction officer activated his alarm and used pepper spray on petitioner, who continued to resist until additional staff responded and applied...

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