Opinion
January 30, 1995
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The petitioner's pistol license was revoked, following a hearing, based upon his conviction of two counts of criminal possession of stolen property in the fifth degree (Penal Law § 165.40). Notwithstanding that this misdemeanor is not defined as a "[s]erious offense" (Penal Law § 265.00 [b]) mandating automatic revocation of the license (Penal Law § 400.00), there is ample evidence in the record demonstrating that the petitioner lacks a good moral character (see, Penal Law § 400.00; Matter of Lipton v. Ward, 116 A.D.2d 474; Matter of Pelose v. County Ct., 53 A.D.2d 645). Therefore, the determination revoking the petitioner's license was supported by substantial evidence. It was neither arbitrary and capricious nor an abuse of discretion (see, Matter of Hayden v. Suffolk County Police Dept., 143 A.D.2d 752; see also, Matter of Gordon v. LaCava, 203 A.D.2d 290; Matter of Lipton v. Ward, supra; Matter of Pelose v County Ct., supra).
We have reviewed the petitioner's remaining contentions and find them to be without merit. Mangano, P.J., Sullivan, Balletta and Miller, JJ., concur.