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PEOPLE EX REL. PETERS v. WALKER

262 A.D.2d 1025 (1999)

691 N.Y.S.2d 847

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JAMES PETERS, Appellant, v. HANS WALKER, as Superintendent of Auburn Correctional Facility, Respondent.

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

Decided June 18, 1999.

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the petition seeking a writ of habeas corpus. The toxicology report was improperly admitted in evidence because the Hearing Officer did not determine that it was reliable, nor did he state his reason for dispensing with the need to produce a witness to testify regarding its contents (see, People ex rel. McGee v Walters, 62 N.Y.2d 317

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