Legal Opinion

Cane v. Goord

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 2002Published

1Opinion of the Court

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance. We are unpersuaded by petitioner’s contention that the two positive test results are invalid because they were not performed correctly. A review of the documentary evidence, including the calibration…

2Cases cited6 opinions

  1. Berrios v. KuhlmannAppellate Division of the Supreme Court of the State of New York · 1988
  2. Steward v. SelskyAppellate Division of the Supreme Court of the State of New York · 1999
  3. Frazier v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
  4. David v. GoordAppellate Division of the Supreme Court of the State of New York · 2001
  5. Vale v. SelskyAppellate Division of the Supreme Court of the State of New York · 1996

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