Legal Opinion

Peoples v. Fischer

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

Decided February 2, 2012Published

1Opinion of the Court

*1009We confirm. The misbehavior report, positive test results and testimony of the correction officer who performed the tests provide substantial evidence to support the determination of guilt (see Matter of Moss v Prack, 87 AD3d 1255, 1255-1256 [2011]; Matter of Polite v Fischer, 87 AD3d 1212, 1212 [2011]). We reject petitioner’s claim that he was improperly denied the right to call a doctor or pharmacist as a witness inasmuch as he did not make such a request until after the disposition was rendered (see Matter of Reid v Fischer, 78 AD3d 1400, 1401 [2010]; Matter of Cooper v Goord, 284 AD2d…

2Cases cited6 opinions

  1. Moss v. PrackAppellate Division of the Supreme Court of the State of New York · 2011
  2. Daniel v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Kalwasinski v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  4. Polite v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  5. Reid v. FischerAppellate Division of the Supreme Court of the State of New York · 2010

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