Matter of Ruggiero v. Brown

Full title: In the Matter of FRANK RUGGIERO, Petitioner, v. LEE P. BROWN, as Police…

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

Date published: Jun 9, 1992

184 A.D.2d 270 (N.Y. App. Div. 1992)

585 N.Y.S.2d 25

Opinion

June 9, 1992

Appeal from the Supreme Court, New York County [Martin Evans, J.].

Upon a review of the evidence, we find that there is substantial evidence to support the determination that petitioner was guilty of wrongfully possessing and ingesting cocaine. In addition, while the penalty imposed upon petitioner is severe, it is certainly commensurate with his guilt and not shocking to one's sense of fairness (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233).

Concur — Carro, J.P., Milonas, Ellerin and Ross, JJ.