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MATTER OF GARCIA v. GOORD

272 A.D.2d 693 (2000)

709 N.Y.S.2d 859

In the Matter of ROBERT GARCIA, 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 May 11, 2000.

Petitioner, a prison inmate, was found guilty of using a controlled substance after the results of two EMIT-ETS tests yielded positive results for opiates. By virtue of his knowing and voluntary guilty plea, petitioner is precluded from challenging the determination of his guilt on the ground of insufficient evidence (see, Matter of Miller v Goord, 262 A.D.2d 906). Nonetheless, were we...

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