Legal Opinion

Matter of McBride v. Annucci

Appellate Division of the Supreme Court of the State of New York

Decided September 15, 2016No. 522497PublishedCited by 8 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with engaging in violent conduct, creating a disturbance, failing to comply with frisk procedures and refusing a direct order. According to the report, after having observed petitioner slip a small, white paper object into his left boot, a correction officer directed petitioner to the wall for a pat frisk. Although…

2Cases cited7 opinions

  1. Fowler v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Nieves v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
  3. Barnes v. BezioAppellate Division of the Supreme Court of the State of New York · 2011
  4. Young v. KeyserAppellate Division of the Supreme Court of the State of New York · 2016
  5. Matter of Rizzuto v. EastmanAppellate Division of the Supreme Court of the State of New York · 2015

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Matter of Kirby v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Williams v. Department of Corr. & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Dushain v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Pena v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  5. Matter of Cowart v. BurnettAppellate Division of the Supreme Court of the State of New York · 2018

3 more not listed; retrieve them via the Exa API.

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