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MATTER OF McKENZIE v. JACKSON

152 A.D.2d 1 (1989)

In the Matter of Larry E. McKenzie, Jr., Appellant, v. Norwood E. Jackson, as Commissioner of The Westchester County Department of Corrections, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 6, 1989

Attorney(s) appearing for the Case

Goodstein & West (Robert David Goodstein of counsel), for appellant.

Marilyn J. Slaaten, County Attorney (Kenneth E. Powell and Carol L. Van Scoyoc of counsel), for respondent.

THOMPSON, J. P., BRACKEN and BROWN, JJ., concur.

RUBIN, J.

On this appeal, we are asked to determine if random urinalysis testing of probationary correction officers for the purpose of detecting illegal drug use is constitutionally forbidden absent reasonable suspicion. Upon closely scrutinizing the periodic, random urinalysis drug-testing program, we conclude that it is constitutionally authorized in the absence of reasonable suspicion. Factors are present...

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