Matter of Lowe v. Bratton

Full title: In the Matter of JOHN LOWE, Petitioner, v. WILLIAM J. BRATTON, as Police…

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

Date published: Dec 23, 1997

245 A.D.2d 207 (N.Y. App. Div. 1997)

666 N.Y.S.2d 618

Opinion

December 23, 1997

Respondents' determination that petitioner made false and misleading statements in the course of an investigation and that he associated with individuals known to the department to be drug dealers is supported by substantial evidence, including testimony, which the Hearing Officer was entitled to credit, from a drug dealer who stated that petitioner purchased drugs from her on a weekly basis. The penalty of dismissal is not shocking to our sense of fairness ( Trotta v. Ward, 77 N.Y.2d 827).

Concur — Ellerin, J. P., Nardelli, Williams, Andrias and Colabella, JJ.