People ex rel. Peters v. Walker

—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly denied the petition seeking a writ of habeas corpus. The toxicology report was improperly admitted in evidence because the Hearing Officer did not determine that it was reliable, nor did he state his reason for dispensing with the need to produce a witness to testify regarding its contents (see, People ex rel. McGee v Walters, 62 NY2d 317, 322-323; cf., People ex rel. Wilt v Meloni, 170 AD2d 989, 990, lv dismissed 77 NY2d 973). The remaining evidence, however, was sufficient to prove by a preponderance of the…