At page 880 Adjudicating confirmation of determination and dismissal of petition3 citing casesconcur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
- People v. Singh, 120 A.D.3d 1360 (N.Y. App. Div. 2d Dep't 2014).publishedThe waiver was not invalidated by the reversal of the original judgment of conviction and the vacatur of his plea of guilty, as the original judgment was reversed for reasons unrelated to the validity of the waiver of indictment (see Peopl…
- People v. Cohen, 47 A.D.3d 828 (N.Y. App. Div. 2d Dep't 2008).publishedContrary to the defendant’s contentions, his waiver of indictment was not invalidated by the vacatur of the original judgment of conviction pursuant to CPL 440.10, as the original judgment was vacated for reasons unrelated to the validity…
- People v. Rivera, 24 A.D.3d 367 (N.Y. App. Div. 1st Dep't 2005).publishedOnce defendant’s original plea to that charge was withdrawn, the original SCI was reinstated (see People v Schultz, 258 AD2d 879, 880 [1999], lv denied 93 NY2d 929 [1999] [SCI has same force and effect as indictment, and when defendant wit…
At page 879 �Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of…1 citing case
- People v. Wissert, 85 A.D.3d 1633 (N.Y. App. Div. 4th Dep't 2011).publishedContrary to defendant’s contentions, he “validly waived [his] right to be prosecuted by indictment and consented to be prosecuted by superior court information” (People v Schultz, 258 AD2d 879, 879 [1999], lv denied 93 NY2d 929 [1999]; see…
v.
Glenn S. Goord, as Commissioner of the Department of Correctional Services
—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule which prohibits inmates from using unauthorized controlled substances after two urinalysis tests yielded positive results for the presence of opiates. Contrary to petitioner’s contention, the misbehavior report together with the positive results of the EMIT tests provide substantial evidence to support the determination of petitioner’s guilt (see, Matter of Lahey v Kelly, 71 NY2d 135, 143). Furthermore, petitioner’s speculative allegation that his urine sample was confused with that of another inmate was insufficient to meet his burden on this issue (see, Matter of Frazier v Goord, 251 AD2d 800, 801, lv denied 92 NY2d 813). Even if preserved for our review (see, Matter of Murphy v Selsky, 239 AD2d 724), we would find petitioner’s remaining contentions, including his challenge to the chain of custody of his urine sample and the testing procedures used, to be unpersuasive.
Cardona, P. J., Mercure, Crew III, Peters and Graffeo, JJ.,[*880] concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.