Sharpe v. Coombe

Determination unanimously modified on the law and as modified confirmed without costs and matter remitted to respondent for further proceedings in accordance with the following Memorandum: Petitioner commenced this proceeding to annul respondent’s determination, after a Tier III hearing, that he possessed a controlled substance in violation of inmate rule 113.12 (7 NYCRR 270.2 [B] [14] [iii]) and that he possessed drug paraphernalia in violation of the same rule. There is no merit to his contention that results of the Becton-Dickinson NIK tests were improperly admitted into evidence.…