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MATTER OF COLLINS v. GOORD

272 A.D.2d 703 (2000)

708 N.Y.S.2d 911

In the Matter of D'JUAN COLLINS, 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 possessing alcohol after a garbage bag containing several gallons of a liquid that smelled like alcohol was found on petitioner's bed. The nature of alcoholic beverages is a matter of common knowledge and, therefore, scientific testing is not required (see, Matter of Sanchez v Leonardo, 242 A.D.2d 798). The correction officer's observations that the liquid substance looked and smelled...

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