MATTER OF JAMES v. VENETTOZZI

533260.

201 A.D.3d 1288 (2022)

158 N.Y.S.3d 646

2022 NY Slip Op 00489

In the Matter of Cedric S. James, Petitioner, v. Donald Venettozzi, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided January 27, 2022.


Attorney(s) appearing for the Case

Cedric S. James, Elmira, petitioner pro se.

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

Clark, J.P., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.


A correction officer stopped at petitioner's cell to conduct an authorized cell search based on suspicion, and petitioner, who was sitting on the toilet at the time, stated that he was defecating and needed privacy to finish that process, at which point he stood up and attempted to cover his cell and was told by the correction officer conducting the search to stop. When petitioner then grabbed unknown items from under his bed and shoved them in his toilet, the correction...

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