Martinez v. Costello
Appellate Division of the Supreme Court of the State of New York
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
- Lahey v. KellyNew York Court of Appeals · 1987
- Sanchez v. IrvinAppellate Division of the Supreme Court of the State of New York · 1992
- Murphy v. SelskyAppellate Division of the Supreme Court of the State of New York · 1997
- Frazier v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
- Lopez v. GoordAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by3 opinions
- Mendez v. SelskyAppellate Division of the Supreme Court of the State of New York · 1998
- Cureton v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
- James v. HerbertAppellate Division of the Supreme Court of the State of New York · 1999