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Matter of Sanchez v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jun 4, 1998
251 A.D.2d 721 (N.Y. App. Div. 1998)

Opinion

June 4, 1998


Petitioner, a prison inmate, was found guilty of the unauthorized use of a controlled substance in violation of a prison disciplinary rule after his urine tested positive for the presence of cannabinoids. The misbehavior report, together with the positive results of the two urinalysis tests and the testimony of the correction officer who performed the tests, amply support the finding of guilt ( see, Matter of Gonzalez v. Goord, 246 A.D.2d 942). Furthermore, the record belies petitioner's contention that the correction officer who conducted the urinalysis tests wrote false results on the urinalysis procedure forms. In any event, the calibration strips from the EMIT drug detection system indicated positive readings for the presence of cannabinoids. Petitioner's remaining contentions, including that of Hearing Officer bias, have been examined and found to be without merit.

Cardona, P. J., Mikoll, Crew III, Peters and Spain, JJ., concur.

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


Summaries of

Matter of Sanchez v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jun 4, 1998
251 A.D.2d 721 (N.Y. App. Div. 1998)
Case details for

Matter of Sanchez v. Goord

Case Details

Full title:In the Matter of REYES SANCHEZ, Petitioner, v. GLENN GOORD as Commissioner…

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

Date published: Jun 4, 1998

Citations

251 A.D.2d 721 (N.Y. App. Div. 1998)
672 N.Y.S.2d 272