MATTER OF MATTHEWS v. ANNUCCI

528926.

175 A.D.3d 1713 (2019)

108 N.Y.S.3d 217

2019 NY Slip Op 06678

In the Matter of Anthony Matthews, 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.

September 19, 2019.


Attorney(s) appearing for the Case

Anthony Matthews, Auburn, petitioner pro se.

Letitia James, Attorney General, Albany (Frank Brady of counsel), for respondent.

Garry, P.J., Lynch, Clark, Devine and Pritzker, JJ., concur.


During the course of an authorized strip frisk, an unknown object was observed in petitioner's rectal area, and electronic metal detectors subsequently indicated the presence of metal inside of petitioner's body. Petitioner was placed on contraband watch and, when he was escorted out of the observation cell to undergo an abdominal X ray, a frisk of that cell led to the discovery of a one-inch by half-inch ceramic scalpel blade, with a handle wrapped in tape, placed under...

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