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May 23, 2014

Lying to investigators


Lying to investigators
2014 NY Slip Op 03623, Appellate Division, First Department

A New York Police Officer challenged her dismissal from her position as a police officer. The Appellate Division unanimously denied her petition, noting that “The penalty of dismissal does not shock the conscience in that petitioner was found to have engaged in serious misconduct, and admitted other less serious charges committed during her short career as a police officer”.

The court found that there was substantial evidence to support finding her guilty of certain disciplinary charges, including her admissions that she lied to federal agents conducting a drug trafficking investigation.

In Bryson v. United States, 396 U.S. 64 (1969), the United States Supreme Court said: "Our legal system provides methods for challenging the Government's right to ask questions - lying is not one of them. A citizen may decline to answer the question, or answer it honestly, but he cannot with impunity knowingly and willfully answer with a falsehood."

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
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