People v. Hender, 145 A.D.2d 852 (N.Y. App. Div. 1988). · Go Syfert
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People v. Hender, 145 A.D.2d 852 (N.Y. App. Div. 1988). Cases Citing This Book View Copy Cite
12 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Sylvester v. Annucci (nyappdiv, 2020-09-24)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Sylvester v. Annucci
N.Y. App. Div. · 2020 · confidence medium
Furthermore, contrary to petitioner's contention, there is no requirement that the positive results of the NARK II test, which the correction officer testified were conducted in accordance with manufacturer's procedures, be confirmed by additional testing ( see Matter of Fields v Prack , 120 AD3d 1510, 1511 [2014]; Matter of Grochulski v Selsky , 305 AD2d 823, 823 [2003]; Matter of Darnell v Kuhlmann , 145 AD2d 852, 853 [1988]).
cited Cited as authority (rule) Matter of McDermott v. Annucci
N.Y. App. Div. · 2016 · confidence medium
Matter of Darnell v Kuhlmann, 145 AD2d 852, 853 [1988]).
discussed Cited as authority (rule) Staine v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Further, a second test was not required to confirm the positive NIK test result (see Matter of Fero v Prack, 108 AD3d 1004, 1005 [2013]; 7 NYCRR 1010.4 [e]; 1010.8 [c]), which was supported by the visitor’s admission that he was smuggling heroin (see Matter of Darnell v Kuhlmann, 145 AD2d 852, 853 [1988]; see also Matter of McKoy v Bezio, 67 AD3d 1232 [2009]).
discussed Cited as authority (rule) Staine v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Further, a second test was not required to confirm the positive NIK test result (see Matter of Fero v Prack, 108 AD3d 1004, 1005 [2013]; 7 NYCRR 1010.4 [e]; 1010.8 [c]), which was supported by the visitor’s admission that he was smuggling heroin (see Matter of Darnell v Kuhlmann, 145 AD2d 852, 853 [1988]; see also Matter of McKoy v Bezio, 67 AD3d 1232 [2009]).
discussed Cited as authority (rule) McKoy v. Bezio
N.Y. App. Div. · 2009 · confidence medium
Contrary to petitioner’s contention, multiple tests on the substances recovered did not have to be performed to confirm the initial positive NIK test results (see Matter of Grochulski v Selsky, 305 AD2d 823, 823 [2003]; Matter of Cliff v Kingsley, 293 AD2d 954, 954 [2002]; Matter of Darnell v Kuhlmann, 145 AD2d 852, 853 [1988]).
discussed Cited as authority (rule) Claim of Grochulski v. Selsky
N.Y. App. Div. · 2003 · confidence medium
Despite petitioner’s claims to the contrary, the misbehavior report properly set out the date, time and place of the incident as required by 7 NYCRR 251-3.1 (c) (3), a proper chain of custody was established (see Matter of Knight v Selsky, 297 AD2d 845, 846 [2002]; Matter of Smart v Goord, 266 AD2d 606, 607 [1999]) and multiple tests were not required to confirm the initial positive NIK test result (see Matter of Cliff v Kingsley, 293 AD2d 954, 954 [2002]; Matter of Darnell v Kuhlmann, 145 AD2d 852, 853 [1988]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
David K. Hender
Appellate Division of the Supreme Court of the State of New York.
Dec 22, 1988.
145 A.D.2d 852
1988 N.Y. App. Div. LEXIS 13449
Published

— Appeal from a judgment of the County Court of Otsego County (Mogavero, Jr., J.), rendered April 4, 1988, convicting defendant upon his plea of guilty of the crime of robbery in the second degree.

Appeal dismissed (see, People v Lester, 137 AD2d 871, lv denied 71 NY2d 898; People v Harvey, 124 AD2d 943, lv denied 69 NY2d 746). Casey, J. P., Mikoll, Yesawich, Jr., Levine and Mercure, JJ., concur.