MATTER OF JONES v. WARD


166 A.D.2d 323 (1990)

In the Matter of Desmond K. Jones, Petitioner, v. Benjamin Ward, as Police Commissioner of The City of New York, et al., Respondents

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

October 23, 1990


Upon a review of the record, we find that there is substantial evidence to support the Commissioner's determination that petitioner violated Patrol Guide 104-1 by unlawfully ingesting and possessing cocaine. Test results of petitioner's urine sample, voluntarily given, were positive for the presence of cocaine. Petitioner, at the hearing, opined that the ingestion of cough medication, or possibly cocaine dust during a drug arrest, could have caused the positive test results...

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