Legal Opinion

Matter of Baysden v. Annucci

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

Decided June 23, 2016No. 522114PublishedCited by 5 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 a prison disciplinary rule.

During a search of petitioner’s prison cell, a correction officer found a folded can lid with a cloth handle located inside of petitioner’s instrument case. As a result, petitioner was charged in a misbehavior report with possessing a weapon. Following a tier III disciplinary hearing, petitioner was found guilty as charged. The penalty imposed was modified by…

2Cases cited3 opinions

  1. Matter of Diaz v. PrackAppellate Division of the Supreme Court of the State of New York · 2015
  2. Gonzalez v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
  3. Matter of Burgos v. PrackAppellate Division of the Supreme Court of the State of New York · 2015

3Cited by5 opinions

  1. Matter of Mason v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Marhone v. SchuckAppellate Division of the Supreme Court of the State of New York · 2016
  3. Thompson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Leckie v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2024
  5. Thompson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016

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