Matter of Farry v. Ward

1 Citing case

  1. Matter of Berenhaus v. Ward

    70 N.Y.2d 436 (N.Y. 1987)   Cited 883 times
    Holding that it is axiomatic that credibility determinations are best made by the person who actually sees and hears the witness, as the courts are "disadvantaged . . . because their review is confined to a lifeless record."

    In separate opinions, the Appellate Division granted the petitions challenging the determinations, finding that the determinations of guilt were not supported by substantial evidence because Peteroy's testimony was uncorroborated (Matter of Farry v Ward, 126 A.D.2d 7; Matter of Berenhaus v Ward, 118 A.D.2d 196). We granted leave in both cases (Matter of Farry v Ward, 69 N.Y.2d 612; Matter of Berenhaus v Ward, 69 N.Y.2d 603) to consider the extent to which the rule requiring corroboration of accomplice testimony in criminal proceedings (see, CPL 60.22) applies in administrative hearings — specifically police disciplinary matters — involving charges of misconduct of a criminal nature. We conclude that corroboration is not required in such proceedings, and accordingly, the judgments of the Appellate Division should be reversed and the petitions dismissed.