MATTER OF GARCIA v. GOORD


272 A.D.2d 694 (2000)

709 N.Y.S.2d 452

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.


Mugglin, J.

Petitioner, a prison inmate, was found guilty of using a controlled substance after his single sample of urine twice tested positive for opiates on November 3, 1998. Petitioner's defense that his system was still contaminated by the presence of opiates found in a test performed seven days earlier was refuted by the correction officers who performed the tests and who testified that regardless of the quantity consumed, the opiates would be undetectable in...

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