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MATTER OF JACKSON v. SAFIR

261 A.D.2d 348 (1999)

691 N.Y.S.2d 422

In the Matter of WILLIAM K. JACKSON, 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 May 27, 1999.

The results of the random drug test constitute substantial evidence of petitioner's possession and use of cocaine, and no basis exists for disturbing respondent's rejection of petitioner's explanation of unwitting ingestion "as self-serving and implausible" (see, Matter of Green v Sielaff, 198 A.D.2d 113). The computerized process by which respondent periodically generates a list of officers for testing has been sustained as random...

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