From Casetext: Smarter Legal Research

Matter of Martinez v. State Dept. of Corr

Appellate Division of the Supreme Court of New York, Third Department
Jun 22, 2000
273 A.D.2d 663 (N.Y. App. Div. 2000)

Opinion

Decided and Entered: June 22, 2000.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Miguel A. Martinez, Elmira, petitioner in person.

Eliot Spitzer, Attorney-General (Peter G. Crary of counsel), Albany, for respondents.

Before: Mercure, J.P., Crew III, Spain, Mugglin and Rose, JJ.


MEMORANDUM AND JUDGMENT

Following a tier III hearing, petitioner, a prison inmate, was found guilty of drug use after two urinalysis tests indicated positive results for the presence of opiates. After his administrative appeal was unsuccessful, petitioner commenced this CPLR article 78 proceeding. We confirm.

The misbehavior report, the testimony adduced at the hearing and the two positive urinalysis test results indicating the presence of opiates provide substantial evidence supporting the determination of petitioner's guilt (see, Matter of Bacchi v. Lacy, 267 A.D.2d 524; Matter of Rodriguez v. Coombe, 249 A.D.2d 655). Petitioner's complaints regarding the chain of custody of his urine sample are rejected (see, Matter of Mendez v. Selsky, 255 A.D.2d 858). The correction officer responsible for collecting the sample testified that he watched as petitioner gave the sample and placed it in the refrigerator under the correction officer's supervision. The chain of custody report indicates that the correction officer who tested the sample removed it from the refrigerator and tested it at 9:49 A.M. and 10:08 A.M. and that the results of both tests were positive.

Petitioner's defense to the charge, i.e., that he had taken the medications which caused a false-positive result, was refuted by the testimony of an experienced correction officer and a registered nurse that none of petitioner's medications would cause a false-positive reading for opiates (see, Matter of Hernandez v. McGinnis, 251 A.D.2d 769). This conflict in testimony presented a credibility issue which the Hearing Officer was free to resolve against petitioner (see, Matter of Juzwa v. Goord, 264 A.D.2d 920). We also reject petitioner's claim that he was denied his right to call witnesses. The record adequately establishes that the testimony of the witness petitioner requested would have been redundant to that supplied by other witnesses (see, Matter of Rodriguez v. Coombe, supra). Petitioner's remaining contentions have been examined and found to be lacking in merit.

Mercure, J.P., Crew III, Spain, Mugglin and Rose, JJ., concur.

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


Summaries of

Matter of Martinez v. State Dept. of Corr

Appellate Division of the Supreme Court of New York, Third Department
Jun 22, 2000
273 A.D.2d 663 (N.Y. App. Div. 2000)
Case details for

Matter of Martinez v. State Dept. of Corr

Case Details

Full title:In the Matter of MIGUEL MARTINEZ, Petitioner, v. NEW YORK STATE DEPARTMENT…

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

Date published: Jun 22, 2000

Citations

273 A.D.2d 663 (N.Y. App. Div. 2000)
711 N.Y.S.2d 345

Citing Cases

Matter of Turner v. Goord

Although respondent contends that petitioner's bare allegation of a false positive test reading did not…

Matter of Rivera v. Goord

Petitioner commenced this CPLR article 78 proceeding challenging the determination finding him guilty of…