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People v. Colon

Appellate Division of the Supreme Court of New York, Third Department
Feb 28, 1991
170 A.D.2d 896 (N.Y. App. Div. 1991)

Opinion

February 28, 1991

Appeal from the County Court of Chemung County (Danaher, Jr., J.).


Defendant argues that he was subject to double jeopardy because the same incident gave rise to both a criminal indictment and a prison disciplinary proceeding. However, this court has specifically rejected the claim that institutional disciplinary proceedings preclude criminal charges on double jeopardy grounds (see, People v Frye, 144 A.D.2d 714, lv denied 73 N.Y.2d 891; People v Lane, 132 A.D.2d 855, lv denied 70 N.Y.2d 801) and, contrary to defendant's suggestion, we see no reason to reconsider our position.

Judgment affirmed. Mahoney, P.J., Casey, Weiss, Levine and Harvey, JJ., concur.


Summaries of

People v. Colon

Appellate Division of the Supreme Court of New York, Third Department
Feb 28, 1991
170 A.D.2d 896 (N.Y. App. Div. 1991)
Case details for

People v. Colon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE COLON, Appellant

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Feb 28, 1991

Citations

170 A.D.2d 896 (N.Y. App. Div. 1991)
566 N.Y.S.2d 725