Opinion
January 18, 1990
Appeal from the Supreme Court, New York County (Eugene Nardelli, J.).
Review of the Commissioner's determination demonstrates that it was supported by substantial evidence, defined as such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact. (Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443.) Upon crediting the testimony of respondents' witnesses, there was substantial evidence that petitioner attempted to sell unregistered weapons to an unlicensed person. We reject petitioner's challenge to the determination on the ground that respondents' witnesses, also police officers, were intoxicated at the time they arrested petitioner while negotiating the sale in the bathroom of a bar. The Hearing Officer credited their testimony and we find no basis for disturbing the determination (supra). Petitioner's remaining contentions have been considered and are without merit.
Concur — Murphy, P.J., Carro, Kassal and Rosenberger, JJ.