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MATTER OF FRAZIER v. GOORD

251 A.D.2d 800 (1998)

674 N.Y.S.2d 467

In the Matter of Charles Frazier, Appellant, v. Glenn S. Goord, as Commissioner of The New York State Department of Correctional Services, Respondent

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

June 11, 1998

Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from using controlled substances after EMIT tests performed on two urine samples yielded positive results for the presence of cannabinoids. Petitioner failed to meet his burden of demonstrating that his urine specimens could have been confused with other samples (see, Matter of Curry v Coughlin, 175 A.D.2d...

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