MATTER OF RODRIGUEZ v. GOORD


268 A.D.2d 831 (2000)

700 N.Y.S.2d 866

In the Matter of LOUIS RODRIGUEZ, Petitioner, v. GLENN GOORD, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

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

Decided January 20, 2000.


Petitioner was served with a misbehavior report alleging that two EMIT tests performed on petitioner's urine sample yielded positive results for the presence of cannabinoids. At the ensuing tier III prison disciplinary hearing, petitioner pleaded guilty to violating the prison disciplinary rule that prohibits inmates from using controlled substances. In our view, petitioner's admission of guilt, combined with, inter alia, the positive results of the urinalysis tests...

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