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Matter of Davis v. Safir

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1999
262 A.D.2d 107 (N.Y. App. Div. 1999)

Opinion

June 10, 1999.


The results of the EMIT and GC/MS tests constitute substantial evidence of petitioner's possession and use of cocaine, and no basis exists for disturbing respondent's rejection of petitioner's claim that the GC/MS testing procedures were unreliable and likely to produce a false positive. In any event, even if the positive result obtained by the GC/MS tests are disregarded, the positive result obtained by the EMIT tests, the reliability of which petitioner does not challenge, would alone constitute substantial evidence of the use of cocaine ( Matter of Lahey v. Kelly, 71 N.Y.2d 135). The penalty of dismissal does not shock our sense of fairness ( Matter of Gordon v. Brown, 84 N.Y.2d 574, 580).

Concur — Sullivan, J.P., Williams, Wallach, Lerner and Friedman, JJ.


Summaries of

Matter of Davis v. Safir

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1999
262 A.D.2d 107 (N.Y. App. Div. 1999)
Case details for

Matter of Davis v. Safir

Case Details

Full title:In the Matter of FREDA DAVIS, Petitioner, v. HOWARD SAFIR, as Police…

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

Date published: Jun 10, 1999

Citations

262 A.D.2d 107 (N.Y. App. Div. 1999)
691 N.Y.S.2d 487

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