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MATTER OF HODGES v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

273 A.D.2d 660 (2000)

711 N.Y.S.2d 365

In the Matter of RICHARD HODGES, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided June 22, 2000.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from drug use after two SYVA tests performed on a sample of petitioner's urine tested positive for the presence of cannabinoids. In our view, the misbehavior report, the positive test results and the testimony of a technician from the SYVA negating the possibility of a false positive result in testing for cannabinoids, provide substantial...

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