Opinion
March 16, 1993
Appeal from the Supreme Court, New York County [Leland DeGrasse, J.].
The petitioner was randomly selected to provide a urine sample for drug testing. He tested positive, but testified he unknowingly and innocently ingested tainted medication and suggested a superior officer tainted his medication. Petitioner now urges that he established an affirmative defense to the charge, but we find no reason to disturb the credibility findings of the Hearing Officer (see, Matter of Harmon v. New York City Police Dept., 188 A.D.2d 429).
Concur — Milonas, J.P., Ellerin, Ross, Kassal and Rubin, JJ.