MATTER OF DICE v. WARD

Respondent found that petitioner ingested cocaine based on positive laboratory tests, despite petitioner's argument that the watery and diluted consistency of petitioner's urine samples evinced that the samples were tampered with prior to testing and should not have been credited. To the contrary, as there was conflicting expert testimony on both sides, and as respondent established an unbroken chain of custody for the urine samples, it was within the Commissioner's purview to credit his own police witnesses and to find that the urine samples were unadulterated and thus reliable. (Matter of Berenhaus v Ward, 70 N.Y.2d 436.)

Concur — Murphy, P.J., Milonas, Kupferman and Rubin, JJ.