Opinion
May 17, 1990
Appeal from the Supreme Court, New York County, David H. Edwards, Jr., J.
There was substantial evidence to support the Commissioner's determination that a reasonable suspicion existed to require petitioner to submit to urinalysis. Statements made by a fellow officer that he had used cocaine with petitioner created the necessary "founded suspicion". (People v. De Bour, 40 N.Y.2d 210, 215.) Moreover, the statement was reliable as it constituted a declaration against the fellow officer's penal interest and was based upon personal knowledge. (Supra.) Accordingly, respondent's determination was based upon substantial evidence. (300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176.)
Concur — Ross, J.P., Asch, Kassal, Wallach and Smith, JJ.