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MATTER OF BRAXTON v. KOEHLER

169 A.D.2d 571 (1991)

In the Matter of Robert Braxton, Petitioner, v. Richard Koehler, as New York City Correction Commissioner, et al., Respondents

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

January 24, 1991

There is substantial evidence in the record to support the Commissioner's determination that petitioner, on or about January 21, 1989, refused the lawful order of a superior officer directing petitioner to submit to a urinalysis. The testimony of the Department's witnesses established that petitioner, at the time of his arrest in New Jersey, was a passenger in a car together with two other individuals who were found to be in possession...

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