Opinion
March 1, 1990
Appeal from the Supreme Court, New York County (Ira Gammerman, J.).
Petitioner was observed by two ranking officers in the Department acting in such a way as to suggest that petitioner was under the influence of narcotics. He was unresponsive, oblivious to his surroundings, glassy-eyed, unaware, and engaging in aberrant behavior. As a result of petitioner's actions, he was ordered to and did submit to a series of drug tests which resulted in a positive finding for the presence of cocaine.
We find that the order directing petitioner to submit to the drug test was based on reasonable suspicion (Fiorenza v Gunn, 140 A.D.2d 295, 299). Furthermore, we find that the evidence adduced at the hearing supported such a finding and therefore provided a proper basis for the tests.
In addition, we find in accordance with Matter of Lahey v Kelly ( 71 N.Y.2d 135) that the tests conducted on petitioner's urine sample were reliable and accurate, and the positive results obtained were properly accepted as proof that petitioner had ingested cocaine.
Concur — Kupferman, J.P., Asch, Wallach, Smith and Rubin, JJ.