MATTER OF GREGORY v. NEW YORK CITY POLICE DEP'T


155 A.D.2d 382 (1989)

In the Matter of Gerald Gregory, Petitioner, v. New York City Police Department et al., Respondents

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

November 30, 1989


The EMIT (enzyme multiplied immunassay technique) test which was confirmed by the result of a second EMIT test constituted substantial evidence to support the respondents' determination finding the petitioner guilty of violating the rule prohibiting the use of a controlled substance. (Matter of Lahey v Kelly, 71 N.Y.2d 135 [1987].) Indeed, in this instance, not only were two EMIT tests...

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