Opinion
January 29, 1991
Appeal from the Supreme Court, New York County [Edith Miller, J.].
An undercover officer observed petitioner acting as a bartender of an illegal social club. After the club was raided, petitioner was arrested, and eventually charged with 10 counts of misconduct. After a hearing, petitioner was found guilty of 5 of the 10 charges in violation of the Policeman's Patrol Guide. The respondent Police Commissioner was entitled to credit the testimony of his own witnesses, and to find incredible petitioner's claim that he believed he was at a private party. The penalty of dismissal was not disproportionate to the offense committed.
Concur — Rosenberger, J.P., Ellerin, Wallach, Smith and Rubin, JJ.