Legal Opinion
Lahey v. Kelly
New York Court of Appeals
Decided December 23, 1987PublishedCited by 307 opinions
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
The issue presented in each of these seven prison disciplinary proceedings is whether the results of Syva Emit-st Drug Detection System Tests, known as EMIT tests, can constitute substantial evidence to support respondents’ determination finding an inmate guilty of violating a rule prohibiting the use of a controlled substance. We hold that in each case the positive results of an EMIT test, when confirmed with the results of a second EMIT test, constitutes substantial evidence to support the determination. Accordingly, in each proceeding the judgment of the…
2Cases cited15 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Berenhaus v. WardNew York Court of Appeals · 1987
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
- People v. MiddletonNew York Court of Appeals · 1981
- People v. MagriNew York Court of Appeals · 1958
10 more not listed; retrieve them via the Exa API.
3Cited by307 opinions
- People v. WesleyNew York Court of Appeals · 1994
- MTR. OF ABDUR-RAHEEM v. MannNew York Court of Appeals · 1995
- Gray v. AdduciNew York Court of Appeals · 1988
- MATTER OF JOSEY v. GoordNew York Court of Appeals · 2007
- Jones v. United StatesDistrict of Columbia Court of Appeals · 1988
302 more not listed; retrieve them via the Exa API.