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November 21, 2013

Police officer terminated after being found guilty of possessing and ingesting cocaine

Police officer terminated after being found guilty of possessing and ingesting cocaine
2013 NY Slip Op 07262, Appellate Division, First Department

The Appellate Division confirmed the disciplinary penalty imposed on a New York City Detective – termination from the force - found guilty of possessing and ingesting cocaine.

The court said that there was substantial evidence supporting finding the detective guilty of the charges, including a positive random drug test results, and there was no basis for  “disturbing the Hearing Officer's credibility determinations.”

Citing Trotta v Ward, 77 NY2d 827, the Appellate Division said that the penalty imposed did not shock its sense of fairness as the detective "is accountable to the public for the integrity of the Department."

The Appellate Division also noted that it had considered the individual’s concerns about the impact his disciplinary termination has on his retirement benefits and found them “unavailing.” Section 13-173.1 of New York City’s Administrative Code requires an employee to "be in service" on the effective date of his or her retirement or vesting of retirement benefits. If the employee is not "in service" on that date, he or she forfeits his or her retirement benefits.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2013/2013_07262.htm
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