MATTER OF DAVIS v. SAFIR


262 A.D.2d 107 (1999)

691 N.Y.S.2d 487

In the Matter of FREDA DAVIS, Petitioner, v. HOWARD SAFIR, as Police Commissioner of the City of New York, et al., Respondents.

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

Decided June 10, 1999.


The results of the EMIT and GC/MS tests constitute substantial evidence of petitioner's possession and use of cocaine, and no basis exists for disturbing respondent's rejection of petitioner's claim that the GC/MS testing procedures were unreliable and likely to produce a false positive. In any event, even if the positive result obtained by the GC/MS tests are disregarded, the positive result obtained by the EMIT tests, the reliability of which petitioner does not challenge...

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