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Matter of Noguera v. Cottone

Appellate Division of the Supreme Court of New York, Third Department
Jun 18, 1998
251 A.D.2d 849 (N.Y. App. Div. 1998)

Opinion

June 18, 1998


Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits inmates from using any narcotic or controlled substance. The misbehavior report indicates that on May 12, 1997, a correction officer performed, two urinalysis tests on a urine sample provided by petitioner that tested positive for cannabinoids in each instance. Such proof, together with the urinalysis testing results, provides substantial evidence of petitioner's guilt ( see, Matter of Kreel v. Goord, 249 A.D.2d 600). We have reviewed petitioner's remaining contentions and find them to be lacking in merit.

Mercure, J. P., Crew III, Yesawich Jr., Carpinello and Graffeo, JJ., concur.

Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Noguera v. Cottone

Appellate Division of the Supreme Court of New York, Third Department
Jun 18, 1998
251 A.D.2d 849 (N.Y. App. Div. 1998)
Case details for

Matter of Noguera v. Cottone

Case Details

Full title:In the Matter of EDWARD NOGUERA, Petitioner, v. VINCENT COTTONE, as…

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

Date published: Jun 18, 1998

Citations

251 A.D.2d 849 (N.Y. App. Div. 1998)
675 N.Y.S.2d 910