Brown v. Smith

*687OPINION OF THE COURT

Mark H. Dadd, J.

On August 9, 1984, petitioner Ronald Brown was subjected to a disciplinary hearing at the Attica Correctional Facility. He was found guilty of using marihuana on the basis of two positive readings obtained pursuant to the Emit-st Drug Detection System. In this CPLR article 78 proceeding, petitioner challenges the reliability of this testing method, the proficiency of employees assigned to administer the test, and the adequacy of the foundation presented to admit the results into evidence. It is contended that such positive readings do not constitute…