Legal Opinion

Matter of Davey v. Annucci

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

Decided August 3, 2017No. 523811PublishedCited by 6 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.

A random search of petitioner’s property revealed a weapon in the form of a hand-made four-inch long scalpel-type blade secured into the shaft of a state-issued ballpoint pen with a sheath. As a result, petitioner was charged in a misbehavior report with possessing a weapon or dangerous instrument, possessing contraband and smuggling. Following a tier III…

2Cases cited7 opinions

  1. Seymour v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  2. Booker v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  3. Nieves v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
  4. Matter of Sawyer v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  5. Proctor v. FischerAppellate Division of the Supreme Court of the State of New York · 2013

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3Cited by6 opinions

  1. Matter of Clark v. SmithAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of DeJesus v. MayesAppellate Division of the Supreme Court of the State of New York · 2021
  3. Matter of Fernandez v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2020
  4. Matter of Bonds v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2021
  5. Matter of Cain v. LeeAppellate Division of the Supreme Court of the State of New York · 2019

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

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