Opinion
February 5, 1991
Appeal from the Supreme Court, New York County [Diane Lebedeff, J.]
It is conceded that petitioner, in a conversation with another police officer, referred to Police Officer Smithwick as an "Uncle Tom", and that, when confronted by Officer Smithwick, petitioner confirmed his earlier remark. This finding, being conceded, was clearly supported by substantial evidence, and was in itself sufficient to sustain the charges. The penalty imposed is not excessive.
Concur — Sullivan, J.P., Carro, Kupferman, Ross and Rubin, JJ.