Legal Opinion

Martinez v. Costello

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

Decided June 10, 1998PublishedCited by 3 opinions

1Opinion of the Court

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner seeks to annul a determination that he violated inmate rule 113.12 (7 NYCRR 270.2 [B] [14] [iii]). An inmate misbehavior report was filed charging petitioner with possession of a controlled substance (marihuana) based upon the positive results of a SYVA Emit test and confirmatory test for cannabinoids. At the disciplinary hearing, a correction officer submitted documentation of the test procedures and results. Petitioner claimed that he was taking ibuprofen medication under the brand names Advil…

2Cases cited8 opinions

  1. Lahey v. KellyNew York Court of Appeals · 1987
  2. Sanchez v. IrvinAppellate Division of the Supreme Court of the State of New York · 1992
  3. Murphy v. SelskyAppellate Division of the Supreme Court of the State of New York · 1997
  4. Frazier v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
  5. Lopez v. GoordAppellate Division of the Supreme Court of the State of New York · 1997

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3Cited by3 opinions

  1. Mendez v. SelskyAppellate Division of the Supreme Court of the State of New York · 1998
  2. Cureton v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
  3. James v. HerbertAppellate Division of the Supreme Court of the State of New York · 1999

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