MATTER OF GREEN v. SIELAFF


198 A.D.2d 113 (1993)

603 N.Y.S.2d 156

In the Matter of Michael Green, Petitioner, v. Allyn R. Sielaff, 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.

November 16, 1993


Upon review of the record, we find that there is substantial evidence to support the determination that petitioner violated the Department Rules and Regulations by unlawfully ingesting cocaine. Petitioner raised an affirmative defense of unknowing ingestion and contended that his positive test results came from unwittingly drinking liquor which had been spiked with cocaine at a bachelor party two days prior to the drug test. At the hearing, the party's bartender testified...

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