Smith v. Coughlin
Opinion of the Court
—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 which found petitioner guilty of violating a prison disciplinary rule.
Petitioner was found guilty after a Superintendent’s hearing of violating disciplinary rule 113.12 prohibiting the use or possession of a controlled substance based upon statements in a misbehavior report, testimony at the hearing and drug tests which were positive for both opiates and cocaine. Petitioner contends that the determination is not supported by substantial evidence because his consumption of poppy seeds — assertedly contained in a frozen pizza — may have caused a false positive in the drug test for opiates and because the procedures employed to obtain the urine specimens used in the drug tests did not assure a proper chain of custody. Initially, given that the determination of guilt of the single charge is supported by the positive results of the test for cocaine, the fact that poppy seeds may have caused a false positive in the opiate test does not require annulment of the determination (see, Matter of Roman Catholic Diocese v New York State Dept. of Health, 109 AD2d 140, 148 [Levine, J., dissenting], revd 66 NY2d 948). Further, the correction officer who collected the urine sample testified that it was kept in a secure area as required by applicable regulations. Nor do we find that the record reveals bias on the part of the Hearing Officer that would require annulment (see, Matter of Nieves v Coughlin, 157 AD2d 943, 944).
Finally, at the hearing petitioner stated that he had taken
Weiss, P. J., Yesawich Jr., Levine, Crew III and Mahoney, JJ., concur. Adjudged that the determination confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.