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“Possession of Unauthorized Medication” Charge Could Not Stand—Chain of Custody of the Pills Not Demonstrated

The Third Department determined the inmate's “possession of unauthorized medication” charge could not stand because the chain of custody of the pills was not demonstrated:

The procedure to be followed when a suspected contraband drug is found dictates that correction officials prepare “a request for test of suspected contraband drugs” and that “[e]ach person handling the suspected substance shall make an appropriate notation on the form to document . . . the chain of custody of the substance until it is identified” (7 NYCRR 1010.4 [b]). Petitioner sought a copy of the request form with proof of chain of custody and, indeed, sought to have the charges against her dismissed because that document had not been provided to her. Despite her complaints, the Hearing Officer made no effort to obtain either the request form or any other proof to establish the chain of custody… . Matter of Sanabria v Annucci, 2014 NY Slip Op 08893, 3rd Dept 12-18-14

 

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