Comfort v. Irvin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Determination unanimously confirmed and petition dismissed. Memorandum: We reject petitioner’s challenges to the reliability of the EMIT test. The correction officers who collected and tested petitioner’s urine sample reasonably complied with the regulations governing urinalysis testing (see, 7 NYCRR part 1020; Matter of Melette v Berry, 181 AD2d 950, 951, lv dismissed 80 NY2d 1022; Matter of Hop Wah v Coughlin, 153 AD2d 999, lv denied 75 NY2d 705), and nothing in the record suggests that there was any defect in the chain of custody (see, Matter of McGill v Coughlin, 182 AD2d 1103). The…
2Cases cited7 opinions
- Lahey v. KellyNew York Court of Appeals · 1987
- Hop Wah v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1989
- Lugo v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992
- McGill v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992
- Rosado v. KuhlmannAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by11 opinions
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- Dash v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
- Mills v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
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