Opinion
July 3, 1997
Appeal from the Supreme Court, Albany County.
Petitioner was found guilty of violating the prison disciplinary rule prohibiting the use of controlled substances. We reject his contention that inconsistencies in the test result procedure forms mandate annulment of the determination of his guilt. The correction officer who conducted the preliminary urinalysis test testified that he mistakenly noted on the procedure form that the results indicated the presence of marihuana. The calibration strips from the EMIT drug detection system in fact indicated that the test result was positive for opiates. Likewise, the confirmation test indicated the presence of opiates. Under these circumstances we find that the inadvertent recording error on the urinalysis test result forms does not constitute reversible error (see generally, Matter of Berrios v. Kuhlmann, 143 A.D.2d 475, 476). Moreover, the determination of petitioner's guilt is supported by substantial evidence (see generally, Matter of Maldonado v. Selsky, 162 A.D.2d 843; see also, Matter of Holmes v. Coughlin, 182 A.D.2d 1121). Petitioner's remaining contentions have been reviewed and found to be either without merit or unpreserved for our review.
Cardona, P. J., Mercure, White, Casey and Carpinello, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.