From Casetext: Smarter Legal Research

Dice v. Ward

Appellate Division of the Supreme Court of New York, First Department
Jan 15, 1991
169 A.D.2d 461 (N.Y. App. Div. 1991)

Opinion

January 15, 1991

Appeal from the Supreme Court, New York County [Carol E. Huff, J.].


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.


Summaries of

Dice v. Ward

Appellate Division of the Supreme Court of New York, First Department
Jan 15, 1991
169 A.D.2d 461 (N.Y. App. Div. 1991)
Case details for

Dice v. Ward

Case Details

Full title:In the Matter of KEVIN DICE, Petitioner, v. BENJAMIN WARD, as Police…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 15, 1991

Citations

169 A.D.2d 461 (N.Y. App. Div. 1991)
564 N.Y.S.2d 158

Citing Cases

Matter of Bonilla v. Kelly

Appeal from the Supreme Court, New York County [Diane Lebedeff, J.]. The Commissioner's determination that…

Matter of Blount v. Bratton

Appeal from the Supreme Court, New York County [Karla Moskowitz, J.]. The Commissioner's determination that…