Opinion
January 31, 1991
Appeal from the Supreme Court, New York County [Edward Lehner, J.].
Petitioner was found guilty of a single charge of misconduct for having pointed his gun at a civilian driver after a traffic stop. Petitioner was assigned to one of the three undercover units which were in the area on the night of the incident, and had been identified from a photo array. Accordingly, there was substantial evidence that petitioner was the officer who had committed the misconduct. The Hearing Officer was entitled to find that the lack of recall on the part of the three undercover officers, including petitioner, and the two uniform officers was incredible, and evinced guilt. There was no indication that the use of the weapon constituted proper police conduct.
Concur — Milonas, J.P., Wallach, Asch, Kassal and Smith, JJ.