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MATTER OF GARCIA v. GOORD

273 A.D.2d 560 (2000)

710 N.Y.S.2d 133

In the Matter of ROBERT GARCIA, Petitioner, v. GLENN S. 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 June 15, 2000.

Petitioner, a prison inmate, was found guilty of drug use after two EMIT tests yielded positive results for the presence of opiates. Contrary to petitioner's contention, the two positive test results provide substantial evidence supporting the determination of guilt (see, Matter of Lahey v Kelly, 71 N.Y.2d 135; Matter of Morales v Coughlin, 188 A.D.2d 780). While petitioner also argues that...

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