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MATTER OF GONZALEZ v. ANNUCCI

526227.

168 A.D.3d 1291 (2019)

92 N.Y.S.3d 464

2019 NY Slip Op 00508

In the Matter of Amauriz Gonzalez, 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 January 24, 2019.

Petitioner was charged in a misbehavior report with disobeying a direct order, smuggling, engaging in an unhygienic act and possessing a weapon. According to the misbehavior report, petitioner, who was under contraband watch, requested a bucket in order to defecate and was told by a correction officer to keep his hands where they could be seen. The correction officer then observed petitioner reach into the bucket, retrieve what...

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