Opinion
November 2, 1989
Appeal from the Supreme Court, New York County (Kristin Booth Glen, J.).
The findings of guilt are supported by the consistent testimony of three eyewitnesses, and thus meet the substantial evidence test (Matter of Berenhaus v Ward, 70 N.Y.2d 436). The record shows that Officer Evans physically assaulted Mr. Smith outside Wingate High School in the presence of at least two students and one teacher, and then arrested Mr. Smith without cause. Officer Torres was present, and the record shows that (to protect Officer Evans) he gave a false description of the event to an investigating officer. Inconsistencies in the testimony of the Department's witnesses, and those between the Department's witnesses and the petitioners' witnesses, created only questions of fact and credibility for the Assistant Deputy Commissioner for Trials. We have examined petitioners' other contentions and find that they do not warrant disturbance of the administrative determination.
Concur — Kupferman, J.P., Sullivan, Milonas, Rosenberger and Wallach, JJ.