Opinion
December 14, 1995
Appeal from the Supreme Court, New York County [Edith Miller, J.].
Reasonable suspicion justifying administration of a drug test was provided by the sergeant's observation of petitioner engaging in strange behavior suggestive of an attempt to steal cocaine seized from a drug suspect arrested by a fellow officer. The varying levels of cocaine metabolite found in the three samples taken from petitioner were adequately explained by expert testimony that the freezing of the third sample impeded the breakdown of metabolite that would occur in unfrozen samples, and that petitioner's consumption of liquids during the 2 1/2-hour interval between the taking of the first and second samples to induce voiding increased the dilution of the metabolite in the second sample.
Concur — Murphy, P.J., Rosenberger, Wallach, Asch and Tom, JJ.