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In the Matter of GABRIEL LAUREANO, Petitioner, v. DANIEL SENKOWSKI, as Superintendent of Clinton Correctional Facility, Respondent.

MEMORANDUM AND JUDGMENT

Petitioner was found guilty of possession of controlled substances after a frisk of his cell revealed a rolled cigarette and a white powder. These items subsequently tested positive for marihuana and heroin, respectively. Contrary to petitioner's contention, the misbehavior report, combined with the testimony of the correction officer who prepared the report based upon his personal observations buttressed by the test results indicating that the packet confiscated by the correction officer tested positive for heroin and the cigarette tested positive for marihuana, provide substantial evidence supporting the finding of petitioner's guilt (see, Matter of Maldonado v. Goord, 270 A.D.2d 742). The evidence sufficiently demonstrated that the drug testing was performed in accordance with applicable procedures and that the chain of custody was adequately established (see, 7 NYCRR 1020.4 [e]; Matter of Myers v. Goord, 274 A.D.2d 801, 711 N.Y.S.2d 920). Petitioner's remaining contentions have been examined and, to the extent they are preserved, found to be without merit.

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

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MATTER OF LAUREANO v. SENKOWSKI
(Nov 9, 2000)