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MATTER OF GORDON v. BROWN

84 N.Y.2d 574 (1994)

644 N.E.2d 1305

620 N.Y.S.2d 749

In the Matter of Gerald Gordon, Appellant, v. Lee P. Brown, as Police Commissioner of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 6, 1994.

Attorney(s) appearing for the Case

Murphy & Maviglia, New York City (Beatrice Maviglia of counsel), for appellant.

Paul A. Crotty, Corporation Counsel of New York City (Timothy J. O'Shaughnessy and Stephen J. McGrath of counsel), for respondent.

Judges SIMONS, BELLACOSA, LEVINE and CIPARICK concur with Chief Judge KAYE; Judge SMITH dissents and votes to reverse in a separate opinion in which Judge TITONE concurs.

Chief Judge KAYE.

Was petitioner denied due process when, in an administrative hearing on charges of ingesting and possessing cocaine, the New York City Police Department produced the supervisor, but not the technicians, employed by the laboratory that performed the EMIT and GC/MS1 tests on petitioner's urine specimen? We conclude, as did the Appellate Division, that due process did...

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