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Matter of Sierra v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jul 3, 1997
241 A.D.2d 617 (N.Y. App. Div. 1997)

Opinion

July 3, 1997

Appeal from the Supreme Court, Albany County.


Petitioner was found guilty of violating the prison disciplinary rule prohibiting the unauthorized use of controlled substances after the results of two urinalysis tests were positive for the presence of opiates. Petitioner's claim that the chain of custody of his urine samples was never established is without merit. Our review discloses that the applicable regulations and procedures which govern urinalysis tests and the handling of urine samples were fully complied with here ( see, Matter of Torres v. Selsky, 223 A.D.2d 889). We conclude that substantial evidence, including the testimony of the correction officers who conducted the urinalysis tests, supports the determination of petitioner's guilt ( see, Matter of Garcia v. New York State Dept. of Correctional Servs., 232 A.D.2d 697). Petitioner's remaining contentions have been examined and found to be without merit.

Mercure, J. P., Crew III, Casey, Yesawich Jr. and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Sierra v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jul 3, 1997
241 A.D.2d 617 (N.Y. App. Div. 1997)
Case details for

Matter of Sierra v. Goord

Case Details

Full title:In the Matter of RAYMOND SIERRA, Petitioner, v. GLENN S. GOORD, as…

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

Date published: Jul 3, 1997

Citations

241 A.D.2d 617 (N.Y. App. Div. 1997)
660 N.Y.S.2d 1013

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