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In the Matter of JULIO PESANTE, Petitioner, v. CATHERINE ABATE, as Correction Commissioner of the City of New York, et al., Respondents.

It is respondent's role to assess the credibility of the witnesses and to have otherwise weighed the evidence relating to whether petitioner's ingestion of cocaine, which was demonstrated by an EMIT test confirmed by a more sophisticated gastromchromatography/mass spectrometry test (see, Matter of Joyner v. Abate, 199 A.D.2d 56), was inadvertent, and this Court may not substitute its judgment or choose between conflicting inferences (Matter of Elliott v. New York City Loft Bd., 205 A.D.2d 460).

Concur — Sullivan, J.P., Rosenberger, Nardelli and Williams, JJ.

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MATTER OF PESANTE v. ABATE
(Jan 17, 1995)