Legal Opinion

Tal v. Scully

New York Supreme Court

Decided March 7, 1988PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Nicholas Colabella, J.

In a CPLR article 78 proceeding, petitioner seeks to annul a determination by respondents following a Tier III Superintendent’s hearing finding petitioner guilty of misbehavior for possession of contraband and imposing punishment. The issues raised by petitioner are disposed of, as follows:

*193CHAIN OF CUSTODY

A proper foundation must be laid where a scientific test result is utilized as the basis for a charge against an inmate (Matter of Sanchez v Hoke, 116 AD2d 965, 966; Matter of Newman v Coughlin, 110 AD2d 981, 983). To admit positive results "of a…

2Cases cited7 opinions

  1. Garcia v. LeFevreNew York Court of Appeals · 1985
  2. Cunningham v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1987
  3. Newman v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1985
  4. Longo v. FoggAppellate Division of the Supreme Court of the State of New York · 1979
  5. Sanchez v. HokeAppellate Division of the Supreme Court of the State of New York · 1986

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Hop Wah v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1989
  2. Darnell v. KuhlmannAppellate Division of the Supreme Court of the State of New York · 1988
  3. Davis v. McClellanAppellate Division of the Supreme Court of the State of New York · 1994
  4. Martin v. StateCourt of Criminal Appeals of Alabama · 1993
  5. Rollison v. ScullyAppellate Division of the Supreme Court of the State of New York · 1992

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