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MATTER OF HARRIS v. GOORD

273 A.D.2d 599 (2000)

710 N.Y.S.2d 550

In the Matter of DARRYL HARRIS, Petitioner, v. GLENN S. GOORD, as Commissioner of the Department of Correctional Services, Respondent.

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 tests performed on a single sample of his urine tested positive for cannabinoids. In our view, the misbehavior report and the testimony from the SYVA technical representative refuting petitioner's claim that his authorized medication produced a false positive result constitute substantial evidence supporting the charge of drug use (see, Matter of Bacchi v Lacy...

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