Opinion
April 24, 1990
Appeal from the Supreme Court, New York County, Harold Baer, Jr., J.
The record contains substantial evidence to support the Commissioner's determination that petitioner was guilty of violating the Patrol Guide by failing to file a report or to take proper police action with respect to her husband's known illegal drug activities. (See, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176.) The spousal privilege asserted by petitioner is inapplicable here since any communications regarding the drug transactions were made in the presence of third parties. (See, People v. Ressler, 17 N.Y.2d 174, 179.) Indeed, by revealing the fact of his drug activities to his daughter, to his intermediary and to his purchasers, petitioner's husband evinced no intent to keep the matter in petitioner's confidence.
Concur — Sullivan, J.P., Ross, Ellerin, Wallach and Smith, JJ.