From Casetext: Smarter Legal Research

Matter of Mitchell v. Goord

Appellate Division of the Supreme Court of New York, Third Department
May 11, 2000
272 A.D.2d 696 (N.Y. App. Div. 2000)

Opinion

May 11, 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 respondent which found petitioner guilty of violating a prison disciplinary rule.

Charles Mitchell, Dannemora, petitioner in person.

Eliot Spitzer, Attorney-General (Laura Etlinger of counsel), Albany, for respondent.

Before: Cardona, P.J., Crew III, Peters, Graffeo and Lahtinen, JJ.


MEMORANDUM AND JUDGMENT

Petitioner, a prison inmate, was found guilty of using a controlled substance after two tests on petitioner's urine yielded positive results for the presence of opiates. Contrary to petitioner's contention, the misbehavior report, positive test results and testimony presented at the hearing provide substantial evidence of petitioner's guilt (see, Matter of Aviles v. Selsky, 264 A.D.2d 883). Furthermore, given the testimony of the correction officer who conducted the urinalysis tests and documentary evidence presented at the hearing, we reject petitioner's challenge to the sufficiency of the chain of custody and adequacy of the testing procedures used (see, Matter of Rivera v. Goord, 258 A.D.2d 858; Matter of Medina v. Goord, 249 A.D.2d 655). Petitioner's remaining contentions, including his speculative claims that the request form was fabricated and that he was denied relevant documentary evidence, have been reviewed and found to be unpersuasive.

Cardona, P.J., Crew III, Peters, Graffeo and Lahtinen, JJ., concur.

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


Summaries of

Matter of Mitchell v. Goord

Appellate Division of the Supreme Court of New York, Third Department
May 11, 2000
272 A.D.2d 696 (N.Y. App. Div. 2000)
Case details for

Matter of Mitchell v. Goord

Case Details

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

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

Date published: May 11, 2000

Citations

272 A.D.2d 696 (N.Y. App. Div. 2000)
708 N.Y.S.2d 905

Citing Cases

Rizzo v. Goord

Petitioner was found guilty of violating the prison disciplinary rule prohibiting the unauthorized use of…

Matter of Townsend v. Selsky

MEMORANDUM AND JUDGMENT Petitioner was found guilty of violating the prison disciplinary rule that prohibits…