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Matter of Freyre v. Ward

Appellate Division of the Supreme Court of New York, First Department
May 10, 1990
161 A.D.2d 349 (N.Y. App. Div. 1990)

Opinion

May 10, 1990

Appeal from the Supreme Court, New York County, Beverly, Cohen, J.


There was substantial evidence to support the finding of misconduct since petitioner admitted that he lied while under oath at a judicial proceeding regarding a suppression hearing to determine the reasonableness of the arresting officer's conduct, and knowingly filed a false statement with the Department to obtain a merit award based upon that arrest (see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436). Neither is the penalty of dismissal so disproportionate to the offense as to be shocking to one's sense of fairness. (See, Matter of Pell v. Board of Educ., 34 N.Y.2d 222.)

Concur — Kupferman, J.P., Sullivan, Ross, Carro and Kassal, JJ.


Summaries of

Matter of Freyre v. Ward

Appellate Division of the Supreme Court of New York, First Department
May 10, 1990
161 A.D.2d 349 (N.Y. App. Div. 1990)
Case details for

Matter of Freyre v. Ward

Case Details

Full title:In the Matter of ANTHONY FREYRE, Petitioner, v. BENJAMIN WARD, as Police…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 10, 1990

Citations

161 A.D.2d 349 (N.Y. App. Div. 1990)
555 N.Y.S.2d 102

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