Legal Opinion
Townes v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided December 10, 2009PublishedCited by 5 opinions
1Opinion of the Court
Petitioner was charged in a misbehavior report with using a controlled substance after a sample of his urine twice tested positive for the presence of cannabinoids. He was found guilty *1295following a tier III disciplinary hearing. The determination was affirmed on administrative appeal, with a modified penalty. This CPLR article 78 proceeding ensued.
Contrary to petitioner’s claim, the chain of custody of the specimen was properly established through the testing forms and the testimony of two correction officers who handled the sample (see Matter of White v Selsky, 32 AD3d 1101, 1101 [2006]).
Petit…
2Cases cited4 opinions
- Torres v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1990
- Dawes v. SelskyAppellate Division of the Supreme Court of the State of New York · 2001
- Gonzalez v. MannAppellate Division of the Supreme Court of the State of New York · 1992
- White v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by5 opinions
- Barone v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
- Rampersant v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Shannon v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Bove v. Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2013
- Bove v. Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2013