MATTER OF FRAZIER v. MILLER


35 A.D.3d 950 (2006)

825 N.Y.S.2d 582

In the Matter of EUGENE FRAZIER, Appellant, v. DAVID L. MILLER, as Superintendent of Eastern Correctional Facility, et al., Respondents.

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

Decided December 7, 2006.


Petitioner is currently serving a prison term of 25 years to life upon his conviction of murder in the second degree. During his incarceration, his program requirements were changed and it was recommended that he participate in a Residential Substance Abuse Treatment (hereinafter RSAT) program based upon a prior prison disciplinary violation involving drug use and his use of cocaine at the time of his arrest for murder. Thereafter, petitioner successfully challenged the accuracy...

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