positive laboratory test in New York

9 New York opinions name it 1 courts 2001–2003 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

Case	Followed	Cited
Cruz v. Selskygreen nyappdiv · 2001 · cited in 2 New York opinions naming this issue, 2002–2003 2 sentences 2003The exculpatory testimony given by petitioner and his cellmate presented issues of credibility for resolution by the Hearing Officer (see Matter of Cruz v Selsky, 288 AD2d 517, 518 [2001]). 2002Substantial evidence of petitioner’s guilt was presented in the form of the misbehavior report, the testimony of the reporting officer who observed petitioner’s conduct and the supporting documentation and testimony establishing the positive laboratory test results (see Matter of Cruz v Selsky, 288 AD2d 517, 518 ; Matter of Colon v Coombe, 232 AD2d 701 ).	1	2
Rosario v. Selskygreen nyappdiv · 1999 · cited in 1 New York opinions naming this issue, 2003–2003 1 sentence 2003We find that substantial evidence of petitioner’s guilt was presented at his disciplinary hearing in the form of the detailed misbehavior report and the positive laboratory test results (see Matter of Rosario v Selsky, 266 AD2d 656, 657 [1999]).	1	1
Vineski v. Travisgreen nyappdiv · 1997 · cited in 1 New York opinions naming this issue, 2002–2002 1 sentence 2002Petitioner’s contention that there was insufficient evidence of an unbroken chain of custody of his urine sample is refuted by the record which shows that the sample never left the custody of the reporting officer who collected, stored and tested it (see, 7 NYCRR 1020.4 [e]; see also, Matter of Symmonds v Goord, 244 AD2d 737 ).	1	1
Kwiatkowski v. Goordgreen nyappdiv · 2000 · cited in 1 New York opinions naming this issue, 2002–2002 1 sentence 2002Petitioner’s contention that a satisfactory chain of custody was never established for the confiscated substance is belied by the record which discloses both an unbroken chain of custody and that the drug testing was performed in accordance with the required procedures (see 7 NYCRR 1010.4; see also Matter of Spulka v Murphy, 276 AD2d 986 , lv denied 96 NY2d 703 ).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (19)

Case	Cited	Years
Colon v. Coombe neutral nyappdiv · 1996 2 sentences 2002Substantial evidence of petitioner’s guilt was presented in the form of the misbehavior report, the testimony of the reporting officer who observed petitioner’s conduct and the supporting documentation and testimony establishing the positive laboratory test results (see Matter of Cruz v Selsky, 288 AD2d 517, 518 ; Matter of Colon v Coombe, 232 AD2d 701 ). 2001We find that substantial evidence in the form of the misbehavior report, the positive laboratory test results and the testimony given by the correction officer supported the determination of petitioner’s guilt (see, Matter of Roman v Selsky, 270 AD2d 519 ; Matter of Colon v Coombe, 232 AD2d 701 ).	2	2001–2002
Sierra v. Goord neutral nyappdiv · 1997 1 sentence 2003We have examined petitioner’s assertions that there were gaps in the chain of custody of his urine sample and that the testing thereof was not in accordance with the procedures set forth in 7 NYCKR 1020.4, and find them to be without merit (see Matter of Sierra v Goord, 241 AD2d 617 ).	1	2003–2003
Rhoden v. New York State Division of Parole green nyappdiv · 2000 1 sentence 2003Substantial evidence of petitioner’s guilt was presented at his disciplinary hearing in the form of the misbehavior report, written by the correction officer who conducted the urinalysis testing, together with the positive laboratory test results and their supporting documentation (see Matter of Bonaparte v Goord, 289 AD2d 913 ; Matter of Mercado v Selsky, 270 AD2d 550 ).	1	2003–2003
Bonaparte v. Goord green nyappdiv · 2001 1 sentence 2003Substantial evidence of petitioner’s guilt was presented at his disciplinary hearing in the form of the misbehavior report, written by the correction officer who conducted the urinalysis testing, together with the positive laboratory test results and their supporting documentation (see Matter of Bonaparte v Goord, 289 AD2d 913 ; Matter of Mercado v Selsky, 270 AD2d 550 ).	1	2003–2003
Tingue v. Mccoy neutral nyappdiv · 2002 1 sentence 2003Substantial evidence of petitioner’s guilt is found in the misbehavior report, the positive laboratory test results with their supporting documentation, and the hearing testimony of the correction officer who prepared the misbehavior report after collecting petitioner’s urine specimen and performing the laboratory tests thereon (see Matter of Valerio v Selsky, 306 AD2d 713 [2003]; Matter of Tingue v McCoy, 299 AD2d 779 [2002]).	1	2003–2003
Valerio v. Selsky green nyappdiv · 2003 1 sentence 2003Substantial evidence of petitioner’s guilt is found in the misbehavior report, the positive laboratory test results with their supporting documentation, and the hearing testimony of the correction officer who prepared the misbehavior report after collecting petitioner’s urine specimen and performing the laboratory tests thereon (see Matter of Valerio v Selsky, 306 AD2d 713 [2003]; Matter of Tingue v McCoy, 299 AD2d 779 [2002]).	1	2003–2003
Foster v. Coughlin green ny · 1990 1 sentence 2002Petitioner’s hearing testimony, in which he admitted that he had been “fishing,” i.e., exchanging items between cells by means of a dragline, but denied that the confiscated substance was marihuana, raised an issue of credibility for resolution by the Hearing Officer (see Matter of Foster v Coughlin, 76 NY2d 964, 966 ; Matter of Odom v Goord, 257 AD2d 868, 869 ).	1	2002–2002
Bozeman v. Rochester Telephone Corp. green scotus · 2000 1 sentence 2002The determination of petitioner’s guilt was supported by substantial evidence in the form of the two misbehavior reports, the positive laboratory test results and the hearing testimony given by the reporting correction officers (see Matter of Martinez v Selsky, 290 AD2d 789, 790 ; Matter of Stephens v Selsky, 260 AD2d 739 , lv denied 94 NY2d 752 , cert denied 531 US 850 ).	1	2002–2002
In re Jerry XX. neutral nyappdiv · 1998 1 sentence 2002Substantial evidence was presented at the hearing supporting the determination of petitioner’s guilt, including the misbehavior report, the hearing testimony of the reporting officer, and the positive laboratory test results (see, Matter of Garcia v Goord, 273 AD2d 560, 561 ; Matter of Selby v Coombe, 249 AD2d 597 ).	1	2002–2002
Odom v. Goord neutral nyappdiv · 1999 1 sentence 2002Petitioner’s hearing testimony, in which he admitted that he had been “fishing,” i.e., exchanging items between cells by means of a dragline, but denied that the confiscated substance was marihuana, raised an issue of credibility for resolution by the Hearing Officer (see Matter of Foster v Coughlin, 76 NY2d 964, 966 ; Matter of Odom v Goord, 257 AD2d 868, 869 ).	1	2002–2002
Stephens v. Selsky neutral nyappdiv · 1999 1 sentence 2002The determination of petitioner’s guilt was supported by substantial evidence in the form of the two misbehavior reports, the positive laboratory test results and the hearing testimony given by the reporting correction officers (see Matter of Martinez v Selsky, 290 AD2d 789, 790 ; Matter of Stephens v Selsky, 260 AD2d 739 , lv denied 94 NY2d 752 , cert denied 531 US 850 ).	1	2002–2002
Rivera v. Goord green nyappdiv · 1999 1 sentence 2002Substantial evidence of petitioner’s guilt was presented in the form of the misbehavior report, the documentation relating to the positive laboratory test results, including the daily log, and the testimony of the correction officer who authored the misbehavior report and conducted the urinalysis testing (see, Matter of Barnwell v Goord, 268 AD2d 725 , lv denied 95 NY2d 751 ; Matter of Rivera v Goord, 261 AD2d 754 ).	1	2002–2002
Barnwell v. Goord green nyappdiv · 2000 1 sentence 2002Substantial evidence of petitioner’s guilt was presented in the form of the misbehavior report, the documentation relating to the positive laboratory test results, including the daily log, and the testimony of the correction officer who authored the misbehavior report and conducted the urinalysis testing (see, Matter of Barnwell v Goord, 268 AD2d 725 , lv denied 95 NY2d 751 ; Matter of Rivera v Goord, 261 AD2d 754 ).	1	2002–2002
People ex rel. Buroughs v. Travis green nyappdiv · 2000 1 sentence 2002Substantial evidence was presented at the hearing supporting the determination of petitioner’s guilt, including the misbehavior report, the hearing testimony of the reporting officer, and the positive laboratory test results (see, Matter of Garcia v Goord, 273 AD2d 560, 561 ; Matter of Selby v Coombe, 249 AD2d 597 ).	1	2002–2002
Laureano v. Senkowski green nyappdiv · 2000 1 sentence 2002Substantial evidence of petitioner’s guilt was presented at the hearing consisting of the misbehavior report, the positive laboratory test results and the testimony of the correction officer who conducted the tests; hence, the determination under review will not be disturbed (see, Matter of Laureano v Senkowski, 277 AD2d 613 ).	1	2002–2002
Martinez v. Selsky green nyappdiv · 2002 1 sentence 2002The determination of petitioner’s guilt was supported by substantial evidence in the form of the two misbehavior reports, the positive laboratory test results and the hearing testimony given by the reporting correction officers (see Matter of Martinez v Selsky, 290 AD2d 789, 790 ; Matter of Stephens v Selsky, 260 AD2d 739 , lv denied 94 NY2d 752 , cert denied 531 US 850 ).	1	2002–2002
Gioe v. Selsky green nyappdiv · 2000 1 sentence 2001That petitioner and his cellmate testified to petitioner’s innocence of the charged misconduct presented an issue of credibility that was appropriately resolved by the Hearing Officer (see, Matter of Davis v Selsky, 270 AD2d 548 ; Matter of Gioe v Selsky, 269 AD2d 644 ).	1	2001–2001
Roman v. Selsky green nyappdiv · 2000 1 sentence 2001We find that substantial evidence in the form of the misbehavior report, the positive laboratory test results and the testimony given by the correction officer supported the determination of petitioner’s guilt (see, Matter of Roman v Selsky, 270 AD2d 519 ; Matter of Colon v Coombe, 232 AD2d 701 ).	1	2001–2001
Davis v. Selsky green nyappdiv · 2000 1 sentence 2001That petitioner and his cellmate testified to petitioner’s innocence of the charged misconduct presented an issue of credibility that was appropriately resolved by the Hearing Officer (see, Matter of Davis v Selsky, 270 AD2d 548 ; Matter of Gioe v Selsky, 269 AD2d 644 ).	1	2001–2001

Where else courts name it

NY 9 (2001–2003) WA 2 (2006–2006)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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