MATTER OF RODRIGUEZ v. SCULLY


172 A.D.2d 931 (1991)

In the Matter of Benito Rodriguez, Petitioner, v. Charles J. Scully, as Superintendent of Green Haven Correctional Facility, Respondent

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

April 4, 1991


Petitioner initially argues that his right to due process was violated because the Hearing Officer denied his request for a separate and distinct test to determine if he had used cocaine. Petitioner then claims that since he was not provided with an independent test to challenge the reliability of the two Syva Emit-st Drug Detection System (hereinafter EMIT) tests taken by the correction officers, which were admitted into evidence, the determination that he was guilty of...

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