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MATTER OF POLLARD v. DUNCAN

274 A.D.2d 720 (2000)

711 N.Y.S.2d 794

In the Matter of EUGENE POLLARD, Petitioner, v. GEORGE B. DUNCAN, as Superintendent of Great Meadow Correctional Facility, Respondent.

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

Decided July 13, 2000.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from using controlled substances after two EMIT tests performed on petitioner's urine sample yielded positive results for the presence of cannabinoids. In our view, the misbehavior report, the positive results of the uranalysis tests and the hearing testimony constitute substantial evidence supporting the charge of drug use (see, Matter of Kussius v Walker, 247...

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