From Casetext: Smarter Legal Research

Matter of Gisin v. Department of Pub. Safety

Appellate Division of the Supreme Court of New York, Second Department
Jun 25, 1984
102 A.D.2d 891 (N.Y. App. Div. 1984)

Opinion

June 25, 1984


"Appeal" pursuant to section 120 of the Charter of the City of Mount Vernon (L 1922, ch 490, § 120) from a determination of the Commissioner of the Department of Public Safety of the City of Mount Vernon, dated April 13, 1983, which found appellant guilty of certain violations of departmental rules and regulations and terminated his employment as a police officer. ¶ Determination affirmed, without costs or disbursements. ¶ We have reviewed the record and find substantial evidence to support the determination of the respondent commissioner that appellant possessed and used cocaine at a police facility and that he failed to report the sale and possession of cocaine by a fellow officer. Issues of credibility are for the respondent commissioner to resolve, appellant received a fair hearing, and the penalty of dismissal is not so shocking as to warrant judicial interference (see Matter of Young v. Board of Educ., 100 A.D.2d 515). ¶ Moreover, although the witness against appellant asserted a Fifth Amendment claim of the privilege against self incrimination, inasmuch as the claim related to collateral matters there was no infringement of a right to confrontation on cross-examination (see Matter of Young v. Board of Educ., supra; People v. Jones, 99 A.D.2d 471; People v. Allen, 67 A.D.2d 558, 561, affd on opn of Presiding Justice Mollen, 50 N.Y.2d 898; cf. Matter of Brown v. Ristich, 36 N.Y.2d 183). Titone, J.P., Lazer, Mangano and O'Connor, JJ., concur.


Summaries of

Matter of Gisin v. Department of Pub. Safety

Appellate Division of the Supreme Court of New York, Second Department
Jun 25, 1984
102 A.D.2d 891 (N.Y. App. Div. 1984)
Case details for

Matter of Gisin v. Department of Pub. Safety

Case Details

Full title:In the Matter of JEFFREY GISIN, Appellant, v. DEPARTMENT OF PUBLIC SAFETY…

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

Date published: Jun 25, 1984

Citations

102 A.D.2d 891 (N.Y. App. Div. 1984)

Citing Cases

People v. Codrington

Defendant was not denied his right to confront witnesses when his alleged accomplice invoked his 5th…

Matter of Gowrie v. Rozzi

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. We have…