Opinion
February 15, 1996
Appeal from the Supreme Court, New York County [Carol Arber, J.].
Substantial evidence supports respondent's finding that petitioner sold beer to an underage police cadet without asking for identification in violation of Alcoholic Beverage Control Law § 65 (1). Conflicts in the record concerning the identity of the cashier who took the cadet's money, and the testimony of petitioner's witnesses that petitioner does not sell beer to younger-looking customers without checking proof of age, raised issues of credibility that are for respondent to resolve ( see, Matter of Stork Rest. v. Boland, 282 N.Y. 256, 267, 274). The penalty is not so disproportionate to the offense as to shock the conscience ( see, Matter of Humadi v. New York State Liq. Auth., 210 A.D.2d 109, 110, citing Matter of Barnett v. O'Connell, 279 App. Div. 449, 450).
Concur — Sullivan, J.P., Milonas, Ellerin, Rubin and Kupferman, JJ.