MATTER OF RIVERA v. ANNUCCI

533642.

203 A.D.3d 1371 (2022)

160 N.Y.S.3d 926

2022 NY Slip Op 01500

In the Matter of Alex Rivera, 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 March 10, 2022.


Attorney(s) appearing for the Case

Alex Rivera, Woodbourne, petitioner pro se.

Letitia James , Attorney General, Albany ( Dustin J. Brockner of counsel), for respondent.

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


During the course of a confidential investigation, an investigator with the Department of Corrections and Community Supervision's Office of Special Investigations listened to the recordings of three telephone calls between petitioner, an incarcerated individual, and his brother. According to the investigator, the calls indicated that petitioner was conspiring to smuggle synthetic marihuana into the correctional facility in which he was incarcerated. As a result, petitioner...

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