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In the Matter of JOHN AMANTE, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Ser

After petitioner's urine tested positive for cannabinoids, he was found guilty of violating the prison disciplinary rule prohibiting the use of unauthorized controlled substances. Contrary to petitioner's contention, the two-minute discrepancy `between the testing times indicated on the misbehavior report and the urinalysis form does not warrant a finding that the chain of custody was defective (see generally, Matter of Berrios v Kuhlmann, 143 A.D.2d 475, 477). Petitioner's argument that the Hearing Officer improperly relied on facts outside the record as a basis for rejecting petitioner's assertion that the positive test result was caused by exposure to second-hand marihuana smoke has not been preserved for review (see, Matter of Satchell v Coughlin, 178 A.D.2d 795, 796). And, as petitioner essentially concedes, the positive result of the urinalysis test, confirmed by a second test, along with the misbehavior report, constitute substantial evidence to support the determination of guilt (see, Matter of Lahey v. Kelly, 71 N.Y.2d 135; Matter of Smith v. Coughlin, 191 A.D.2d 783, lv denied 82 N.Y.2d 653).

Cardona, P.J., Mercure, Yesawich Jr., Peters and Carpinello, JJ., concur.

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

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MATTER OF AMANTE v. GOORD
(Jun 12, 1997)