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MATTER OF MORALES v. COUGHLIN

188 A.D.2d 780 (1992)

In the Matter of Wilfredo Morales, Appellant, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, et al., Respondents

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

December 10, 1992

Petitioner's only argument on this appeal is that two positive results from EMIT drug tests could not serve as substantial evidence of petitioner's guilt absent a confirmatory test of the specimen using a gas chromatography/mass spectrometry drug test. The Court of Appeals has recently held, however, that positive results in two EMIT drug tests constitute substantial evidence of guilt of the use of a controlled substance (see...

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