Legal Opinion

Matter of Alston v. Annucci

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

Decided August 3, 2017No. 523322PublishedCited by 8 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court (McNally, J.), entered January 21, 2016 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

During the course of a facility-wide search, a frisk of petitioner’s prison cell revealed a hidden weapon in the form of a seven-inch long metal ice pick sharpened to a point at one end. As a result, petitioner was charged in a misbehavior report with possessing a weapon or dangerous instrument.…

2Cases cited11 opinions

  1. Matter of Telesford v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  2. Johnson v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  3. Matter of Giano v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Jones v. FischerAppellate Division of the Supreme Court of the State of New York · 2016
  5. Comfort v. IrvinAppellate Division of the Supreme Court of the State of New York · 1993

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3Cited by8 opinions

  1. Matter of Douglas v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Harrell v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2022
  3. Matter of Slater v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2022
  4. Matter of Belgrave v. MartuscelloAppellate Division of the Supreme Court of the State of New York · 2025
  5. Matter of Benitez v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019

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

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