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MATTER OF FELDER v. KELLY

210 A.D.2d 78 (1994)

619 N.Y.S.2d 45

In the Matter of Janette Felder, Petitioner, v. Raymond W. Kelly, 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.

December 8, 1994

Substantial evidence supports the determination that the directive that petitioner be tested was founded upon reasonable suspicion. Petitioner's police identification card had once been found at a known drug location, and a controlled substance was discovered in her bedroom apartment. In addition, petitioner had a history of absence and lateness. Furthermore, the petitioner failed to submit sufficient evidence at the hearing to warrant...

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