MATTER OF PEDERSEN v. COUGHLIN


213 A.D.2d 950 (1995)

624 N.Y.S.2d 311

In the Matter of Albert Pedersen, Appellant, v. Thomas A. Coughlin, III, as Commissioner of Correctional Services, et al., Respondents

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

March 30, 1995


Petitioner was found guilty after a Superintendent's hearing of violating a prison disciplinary rule prohibiting the use of a narcotic or controlled substance. On this appeal, petitioner contends that the chain of custody of his urine sample, which twice tested positive for the presence of cannabinoid, indicates that the sample was taken out of refrigeration for a period of time without being tested and then replaced, and that this unexplained removal renders evidence based...

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