MATTER OF BETTIS v. BRATTON


226 A.D.2d 281 (1996)

641 N.Y.S.2d 631

In the Matter of Frank R. Bettis, Petitioner, v. William J. Bratton, as Police Commissioner of City of New York, et al., Respondents

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

April 25, 1996


Respondents' determination that petitioner wrongfully possessed and ingested cocaine was based on substantial evidence consisting of the result of the standard EMIT drug test as confirmed by the standard GCMS test (Matter of Bonilla v Kelly, 213 A.D.2d 264). The Commissioner was entitled to reject as incredible petitioner's claim that he tested positive for cocaine due to his ingestion of prescription medication that

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