After petitioner, an inmate, erroneously received two books through the prison mail that were intended for another inmate with the same name, he attempted to return them to the publisher to obtain a refund. Petitioner thereafter was charged in a misbehavior report with solicitation, providing misleading statements and committing a Penal Law offense. Following a tier III disciplinary hearing, petitioner was found guilty and a penalty was imposed. Upon administrative review...
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