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MATTER OF FULCHER v. KOEHLER

159 A.D.2d 226 (1990)

In the Matter of William Fulcher, Petitioner, v. Richard Koehler, as Correction Commissioner of The City of New York, et al., Respondents

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

March 1, 1990

Petitioner was observed by two ranking officers in the Department acting in such a way as to suggest that petitioner was under the influence of narcotics. He was unresponsive, oblivious to his surroundings, glassy-eyed, unaware, and engaging in aberrant behavior. As a result of petitioner's actions, he was ordered to and did submit to a series of drug tests which resulted in a positive finding for the presence of cocaine.

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