MATTER OF JONES v. ANNUCCI

532803.

206 A.D.3d 1397 (2022)

168 N.Y.S.3d 912

2022 NY Slip Op 04068

In the Matter of Devin Lee Jones, 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 June 23, 2022.


Attorney(s) appearing for the Case

Devin Lee Jones, Attica, petitioner pro se.

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

Garry, P.J., Aarons, Pritzker, Ceresia and McShan, JJ., concur.


Petitioner was charged in a misbehavior report with violent conduct, creating a disturbance, fighting, possessing a weapon and refusing a direct order. According to the misbehavior report, a correction officer observed petitioner and another incarcerated individual "exchanging closed fist punches to the head and body areas." Both refused to comply with de-escalation attempts or orders to stop. After the two were eventually separated, each was examined for injuries, and it...

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