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MATTER OF McGOVERN v. SAFIR

266 A.D.2d 107 (1999)

698 N.Y.S.2d 477

In the Matter of JOHN McGOVERN, Petitioner, v. HOWARD SAFIR, as Police Commissioner of the City of New York, Respondent.

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

Decided November 18, 1999.

Petitioner's positive random drug test results, which petitioner does not dispute, constitute substantial evidence supporting the determination that petitioner possessed and ingested marihuana. There is no basis upon which to disturb the Deputy Commissioner's rejection, as incredible, of petitioner's claim that his ingestion of marihuana was unknowing and involuntary (see, Matter of Berenhaus v Ward, 70...

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