Legal Opinion
McGill v. Coughlin
Appellate Division of the Supreme Court of the State of New York
Decided April 24, 1992PublishedCited by 9 opinions
1Opinion of the Court
Determination unanimously confirmed and petition dismissed. Memorandum: Substantial evidence supports respondents’ determination finding petitioner guilty of violating an inmate rule that prohibits the use of narcotics. The positive results of an EMIT test, confirmed with the results of a second test, constitute substantial evidence to support the determination (see, Matter of Lahey v Kelly, 71 NY2d 135, 138; Matter of Holmes v Coughlin, 182 AD2d 1121 [decided herewith]). Petitioner has failed to identify any evidence adduced at the hearing that showed a defect in the chain of custody of his…
2Cases cited4 opinions
- Lahey v. KellyNew York Court of Appeals · 1987
- Price v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1986
- Kincaide v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1982
- Holmes v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by9 opinions
- Marshall v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
- Comfort v. IrvinAppellate Division of the Supreme Court of the State of New York · 1993
- Holmes v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992
- Sharpe v. CoombeAppellate Division of the Supreme Court of the State of New York · 1997
- Harris v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1999
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