MATTER OF JOHNSON v. ANNUCCI

532945.

205 A.D.3d 1173 (2022)

165 N.Y.S.3d 925

2022 NY Slip Op 03160

In the Matter of Lamonte Johnson, Appellant, 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 May 12, 2022.


Attorney(s) appearing for the Case

Lamonte Johnson, New York City, appellant pro se.

Letitia James , Attorney General, Albany ( Kevin Hu of counsel), for respondent.

Garry, P.J., Clark, Pritzker, Reynolds Fitzgerald and McShan, JJ., concur.


Petitioner was charged in a misbehavior report with engaging in violent conduct, creating a disturbance, assaulting staff, smuggling, refusing a direct order and violating facility visiting procedures. The charges stemmed from an incident that occurred when petitioner, who was attending a graduation ceremony at the facility where he then was incarcerated, underwent a pat frisk while standing in line to use the bathroom. Following a tier III disciplinary hearing, petitioner...

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