Matter of Castillo v. Annucci

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.

According to a misbehavior report, a correction officer observed petitioner throw a bottle into an adjacent empty cell. A search of the bottle revealed that it contained an “ice pick weapon sharpened to a point.” A subsequent search of petitioner’s cell led to the discovery of a razor blade, which was identified as contraband. The misbehavior report charged…