Opinion
October 29, 1998
Respondent's finding that petitioner patronized a prostitute in violation of section 104-01 of the Police Department Patrol Guide is supported by substantial evidence, albeit all hearsay ( see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139; Matter of LeFemina v. Brown, 194 A.D.2d 405). The evidentiary support includes the testimony of three police officers describing what the, prostitute told them, and the record of petitioner's departmental interview, which was put into evidence when petitioner decided not to testify and found by the Hearing Officer to contain a "preposterous explanation for [petitioner's] presence at the scene" and otherwise "strain credulity to the breaking point". The penalty of dismissal does not shock our sense of fairness ( cf, Matter of Alfieri v. Murphy, 38 N.Y.2d 976).
Concur — Rosenberger, J. P., Nardelli, Mazzarelli, Andrias and Saxe, JJ.