Legal Opinion
Holmes v. Coughlin
Appellate Division of the Supreme Court of the State of New York
Decided April 24, 1992PublishedCited by 6 opinions
1Opinion of the Court
Determination unanimously confirmed and petition dismissed. Memorandum: Although the literature concerning the Syva EMIT Drug Detection System Test (EMIT test) was revised by the manufacturer in 1989 to advise that "[a] more specific alternative chemical method must be used to obtain a confirmed *1122analytical result”, the manufacturer nonetheless continues to assert that the EMIT test remains scientifically valid and reliable with a 99% rate of accuracy. Therefore, the two positive EMIT drug test results sufficiently support respondents’ determination that petitioner used illegal drugs (see,…
2Cases cited3 opinions
- Lahey v. KellyNew York Court of Appeals · 1987
- Maldonado v. SelskyAppellate Division of the Supreme Court of the State of New York · 1990
- McGill v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by6 opinions
- McGill v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992
- Martin v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
- Saldana v. CoombeAppellate Division of the Supreme Court of the State of New York · 1997
- Cortes v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
- LaSalle v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
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