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Matter of Mack v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Jun 3, 1997
240 A.D.2d 164 (N.Y. App. Div. 1997)

Opinion

June 3, 1997


Substantial evidence supports respondent's finding that reasonable suspicion warranted a drug test, namely, the testimony of respondent's investigating officer that he had been told by a police officer knowledgeable about petitioner's arrest that one of the reasons for the arrest was drug possession ( cf., Matter of Dickinson [State of New York], 188 A.D.2d 919, lv denied 81 N.Y.2d 708), the credibility of which is not subject to judicial review ( see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444). Substantial evidence also supports respondent's findings that the test results were based upon the sample provided by petitioner and not caused by some outside contamination.

Concur — Ellerin, J.P., Nardelli, Rubin and Williams, JJ.


Summaries of

Matter of Mack v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Jun 3, 1997
240 A.D.2d 164 (N.Y. App. Div. 1997)
Case details for

Matter of Mack v. City of New York

Case Details

Full title:In the Matter of RUSSELL MACK, Petitioner, v. CITY OF NEW YORK et al.…

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

Date published: Jun 3, 1997

Citations

240 A.D.2d 164 (N.Y. App. Div. 1997)

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