MATTER OF DARRETT v. ANNUCCI

520943.

140 A.D.3d 1419 (2016)

35 N.Y.S.3d 503

2016 NY Slip Op 04754

In the Matter of CEDRIC V. DARRETT, 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 16, 2016.


Petitioner was charged in a misbehavior report with disobeying a direct order, creating a disturbance, interfering with an employee, violating visiting room procedures, smuggling and failing to comply with frisk procedures. According to the misbehavior report, petitioner and his son acted suspiciously during a visit and repeatedly looked over at the correction officer on duty. After petitioner nervously asked to use the bathroom, the correction officer observed petitioner...

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