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MATTER OF BONILLA v. KELLY

213 A.D.2d 264 (1995)

624 N.Y.S.2d 22

In the Matter of Amparo Bonilla, 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.

March 21, 1995

The Commissioner's determination that petitioner used cocaine was based on substantial evidence consisting of the results of the standard EMIT drug test as confirmed by the standard GCMS test (Matter of Lahey v Kelly, 71 N.Y.2d 135). It was within the province of the Commissioner to accept or reject evidence claimed to cast doubt on the accuracy of the tests, including that purporting to...

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