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MATTER OF PESANTE v. ABATE

211 A.D.2d 504 (1995)

621 N.Y.S.2d 556

In the Matter of Julio Pesante, Petitioner, v. Catherine Abate, 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.

January 17, 1995

It is respondent's role to assess the credibility of the witnesses and to have otherwise weighed the evidence relating to whether petitioner's ingestion of cocaine, which was demonstrated by an EMIT test confirmed by a more sophisticated gastromchromatography/mass spectrometry test (see, Matter of Joyner v Abate, 199 A.D.2d 56), was inadvertent, and this Court may not substitute...

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