Opinion
April 2, 1969
Determination of respondent, Police Commissioner, unanimously modified, on the facts and in the exercise of discretion, by reducing the punishment imposed from dismissal to suspension for a period of five days. As so modified, the determination is confirmed, without costs and without disbursements. Under the circumstances disclosed in the record, the punishment imposed was excessive. ( Matter of Bovino v. Scott, 27 A.D.2d 912, mod. 22 N.Y.2d 214.)
Concur — Capozzoli, J.P., Markewich, Nunez and Steuer, JJ.