Matter of Harmon v. N.Y. City Police Dept

Full title: In the Matter of CALVIN HARMON, Petitioner, v. NEW YORK CITY POLICE…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 29, 1992

188 A.D.2d 429 (N.Y. App. Div. 1992)

591 N.Y.S.2d 411

Opinion

December 29, 1992

Appeal from the Supreme Court, New York County [Jacqueline Silbermann, J.].

Substantial evidence, namely, a random drug test, supports the determination that petitioner was guilty of wrongfully possessing and ingesting cocaine, there being no reason to disturb the credibility findings of the Hearing Officer rejecting petitioner's explanation of unwitting ingestion as having "the ring of total implausibility" (see, Matter of Ruggiero v Brown, 184 A.D.2d 270; Matter of Jones v Ward, 166 A.D.2d 323; Matter of Taylor v Raiford, 159 A.D.2d 309), and the penalty of dismissal is not shocking to one's sense of fairness (see, supra).

Concur — Sullivan, J.P., Wallach, Ross and Asch, JJ.