Opinion
01-24-2017
In re Gerald ST. LOUIS, Petitioner, v. William J. BRATTON, etc., et al., Respondents.
Worth, Longworth & London, LLP, New York (Howard B. Sterinbach of counsel), for petitioner. Zachary W. Carter, Corporation Counsel, New York (Qian Julie Wang of counsel), for respondents.
Worth, Longworth & London, LLP, New York (Howard B. Sterinbach of counsel), for petitioner.
Zachary W. Carter, Corporation Counsel, New York (Qian Julie Wang of counsel), for respondents.
SWEENY, J.P., RENWICK, ANDRIAS, KAHN, GESMER, JJ.
Determination of respondent Police Commissioner, dated March 25, 2015, which approved the findings of the Assistant Deputy Commissioner of Trials that petitioner police officer was guilty of two departmental infractions, and imposed the recommended penalty of forfeiture of three vacation days, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Joan B. Lobis, J.], entered November 24, 2015), dismissed, without costs.
Substantial evidence supports the findings that petitioner improperly stopped a vehicle and frisked the subject driver (see generally 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180–181, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ). Neither petitioner nor his partner could point to a meaningful basis for believing the driver possessed a weapon or contraband (see e.g. Matter of Felix R., 265 A.D.2d 227, 696 N.Y.S.2d 455, 696 N.Y.S.2d 455 [1st Dept.1999] ). There exists no basis to disturb the credibility determinations of the Assistant Deputy Commissioner of Trials (see Berenhaus v. Ward, 70 N.Y.2d 436, 443–444, 522 N.Y.S.2d 478, 517 N.E.2d 193 [1987] ).