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MATTER OF HIZBULLAHANKHAMON v. COUGHLIN

216 A.D.2d 869 (1995)

628 N.Y.S.2d 909

In the Matter of Qabail Hizbullahankhamon, Also Known as Kirk Johnson, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The New York State Department of Correctional Services, et al., Respondents

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

June 9, 1995

Determination annulled on the law without costs and petition granted.

Memorandum:

The determination finding petitioner guilty of violating inmate rule 117.10 (7 NYCRR 270.2 [B] [18] [i]) must be annulled. That rule prohibits inmates from possessing "explosive devices or materials that can be used to make explosive devices". Notes, drawings and diagrams regarding the instruction and assembly of pipe bombs, hot pot...

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