Francis v. Prack

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review two determinations of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

When petitioner was asked by a correction officer during a random frisk what he had in his mouth, petitioner opened his mouth and the officer observed an unidentified object almost fall out. Petitioner then closed his mouth and attempted to run away, whereupon the officer wrapped his arms around petitioner’s…