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Matter of Allen v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jun 12, 1997
240 A.D.2d 832 (N.Y. App. Div. 1997)

Opinion

June 12, 1997


After two urinalysis tests proved positive for the presence of cannabinoid, petitioner was charged with and ultimately found guilty of violating the prison disciplinary rule that prohibits the unauthorized use of controlled substances. Petitioner contends that the determination of his guilt was not based upon substantial evidence because the chain of custody of his urine samples was never established. There is, however, no support in the record for this claim. Our review discloses that the applicable regulations and procedures governing urinalysis tests and the handling of urine samples were fully complied with here (see, Matter of Torres v. Selsky, 223 A.D.2d 889). Accordingly, we conclude that substantial evidence supports the determination of petitioner's guilt (see, Matter of Garcia v. New York State Dept. of Correctional Servs., 232 A.D.2d 697, 698). Petitioner's remaining contentions have been examined and found to be lacking in merit.

Crew III, J.P., White, Yesawich Jr., Peters and Carpinello, JJ., concur.

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


Summaries of

Matter of Allen v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jun 12, 1997
240 A.D.2d 832 (N.Y. App. Div. 1997)
Case details for

Matter of Allen v. Goord

Case Details

Full title:In the Matter of CHARLES M. ALLEN, Petitioner, v. GLENN S. GOORD, as…

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

Date published: Jun 12, 1997

Citations

240 A.D.2d 832 (N.Y. App. Div. 1997)
659 N.Y.S.2d 815

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