Taylor v. Coombe

While an inmate at Fulton Correctional Facility in the Bronx, petitioner gave a urine specimen which tested positive for cocaine. He was subsequently found guilty of violating temporary release rules and regulations and use of a controlled substance. While the record establishes that two urinalysis tests were performed, it shows they were done by the same individual despite the fact the regulations require that the tests be performed by different individuals if available (7 NYCRR 1020.4 [e] [1] [iv]). Petitioner, however, is foreclosed from pursuing this issue due to his failure to raise it…