Opinion
May 9, 1995
Appeal from the Supreme Court, New York County [Herman Cahn, J.].
Respondent's determination is supported by substantial evidence. Petitioner violated departmental guidelines by failing to perceive the substantial risk of injury to his partner when he leaned over his partner and discharged his weapon while sitting in the patrol car (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 181). Considering the substantial risk of injury created by petitioner's actions, the penalty imposed does not shock one's sense of fairness (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222, 233).
Concur — Sullivan, J.P., Rosenberger, Ross, Asch and Williams, JJ.