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MATTER OF TERRY v. GOORD

272 A.D.2d 701 (2000)

708 N.Y.S.2d 909

In the Matter of CHARLES TERRY, Petitioner, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, Respondent.

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

Decided May 11, 2000.

After submitting a urine sample which tested positive for the presence of opiates, petitioner, a prison inmate, was charged with using a controlled substance. Following a tier III hearing, he was found guilty of the charge. Contrary to petitioner's contention, the misbehavior report and positive test results, together with the testimony presented at the hearing, provide substantial evidence of petitioner's guilt (see, Matter of Aviles v Selsky, 264...

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