Opinion
October 23, 1990
Appeal from the Supreme Court, New York County, Harold Baer, Jr., J.
Upon a review of the record, we find that there is substantial evidence to support the Commissioner's determination that petitioner violated Patrol Guide 104-1 by unlawfully ingesting and possessing cocaine. Test results of petitioner's urine sample, voluntarily given, were positive for the presence of cocaine. Petitioner, at the hearing, opined that the ingestion of cough medication, or possibly cocaine dust during a drug arrest, could have caused the positive test results, but these explanations are unsupported, and it was within the respondents' province to dismiss them as speculative. Positive results from an EMIT test, which are confirmed by a second test, or as here by two additional testing procedures, are sufficiently reliable to constitute substantial evidence supporting a determination that the person whose urine was tested used drugs. (Matter of Lahey v Kelly, 71 N.Y.2d 135, 143-144.)
Concur — Sullivan, J.P., Ross, Rosenberger, Kassal and Wallach, JJ.