AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

In the Matter of JEROME BONAPARTE, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Ser

MEMORANDUM AND JUDGMENT

Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from using controlled substances after a sample of his urine twice tested positive for the presence of cannabinoids. To the extent that the petition raises a substantial evidence issue, we find that the misbehavior report, together with the positive results of the urinalysis tests and the evidence adduced at the hearing, constitute substantial evidence to support the charge of drug use (see, Matter of Melluzzo v. Selsky, 287 A.D.2d 850, 731 N.Y.S.2d 518). Likewise, we find that petitioner failed to demonstrate that the correction officer who performed the urinalysis tests did not adhere to the proper testing procedures (see, Matter of Morales v. Selsky, 281 A.D.2d 658, lv denied 96 N.Y.2d 713; Matter of Giano v. Selsky, 273 A.D.2d 570, lv denied 95 N.Y.2d 764). Finally, we find that the misbehavior report was sufficiently detailed to enable petitioner to prepare a defense (see,Matter of Ng v. Goord, 285 A.D.2d 791).

Mercure, J.P., Crew III, Spain, Carpinello and Rose, JJ., concur.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.

Use AI to get other relevant cases.

Comments

BONAPARTE v. GOORD, 89691
(Dec 27, 2001)