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Matter of Daly v. Comm. of Police Dept

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 686 (N.Y. App. Div. 1991)

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.


Summaries of

Matter of Daly v. Comm. of Police Dept

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 686 (N.Y. App. Div. 1991)
Case details for

Matter of Daly v. Comm. of Police Dept

Case Details

Full title:In the Matter of STEPHEN DALY, Petitioner, v. COMMISSIONER OF POLICE…

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

Date published: Jan 31, 1991

Citations

169 A.D.2d 686 (N.Y. App. Div. 1991)
565 N.Y.S.2d 68