MATTER OF CLIFF v. KINGSLEY


293 A.D.2d 954 (2002)

742 N.Y.S.2d 408

In the Matter of JAMES CLIFF, Petitioner, v. TIMOTHY KINGSLEY, as Correction Officer, et al., Respondents.

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

Decided April 25, 2002.


Spain, J.

Petitioner's challenge to the evidentiary basis for the determination which found him guilty of drug possession focuses on the sufficiency of the testing procedures which yielded a positive result for marihuana. Petitioner reads the testing documentation as demonstrating that the proper procedure was not followed, but any confusion caused by the documentation was adequately explained at the hearing by the testing officer whose testimony established that...

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