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MATTER OF RAQIYB v. BARTLETT

175 A.D.2d 974 (1991)

In the Matter of Hasan Raqiyb, Appellant, v. George J. Bartlett, as Superintendent of Elmira Correctional Facility, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

August 29, 1991

We initially reject petitioner's double jeopardy claim as unfounded. Although the misbehavior report alluded to a prior dismissed charge involving refusal to accept a program assignment, the misbehavior report was based on an entirely separate incident of refusing to accept a program assignment and, therefore, there is no double jeopardy violation (cf., Matter of Fletcher v Coughlin, 161 A.D.2d 869, 871). Equally without merit...

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