MATTER OF NOGUERA v. COTTONE


251 A.D.2d 849 (1998)

675 N.Y.S.2d 910

In the Matter of Edward Noguera, Petitioner, v. Vincent Cottone, as Correction Officer of Mount McGregor Correctional Facility, et al., Respondents

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

June 18, 1998


Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits inmates from using any narcotic or controlled substance. The misbehavior report indicates that on May 12, 1997, a correction officer performed two urinalysis tests on a urine sample provided by petitioner that tested positive for cannabinoids in each instance. Such proof, together with the urinalysis testing results, provides substantial evidence of petitioner's guilt (...

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