A New York City police officer [Petitioner] was found guilty of "wrongfully caused inaccurate entries in official records regarding his confrontation with a civilian and improperly caused her arrest based on such entries" after a disciplinary hearing and was terminated from his position. Petitioner appealed the New York City Police Commissioner: termination his dismissal from the Department but the Appellate Division "unanimously confirmed" the Commissioner's action.
The Appellate Division noted that substantial evidence supported the determination that Petitioner was guilty of the charges and specifications alleged, "including that [Petitioner] wrongfully caused inaccurate entries in official records regarding his confrontation with a civilian and improperly caused her arrest based on such entries" and the Deputy Commissioner of Trials [DCT] "properly determined that the body camera footage of the confrontation was inconsistent with [Petitioner's] claim that the civilian assaulted him with intent to injure."
Addressing specifications relating to incidents involving Petitioner's former girlfriend (Complainant), which resulted in her filing two domestic incident reports against Petitioner. The DCT found the two reports "to be credible", noting that Complainant's demeanor and conduct during her interviews with investigating officers were consistent with her claims of domestic violence.
Notwithstanding Petitioner's contentions to the contrary, the Appellate Division opined that NYPD can "impose discipline for a broad range of 'conduct injurious to the public peace or welfare, or immoral conduct or conduct unbecoming an officer,' even if that conduct is not criminal."
Finding no basis to disturb the DCT's credibility determinations, the court observed "the penalty of dismissal from the NYPD is not disproportionate to the seriousness of the multiple violations involved", citing Matter of Kelly v Safir, 96 NY2d 32 and other decisions.
Click HERE to access the Appellate Division's decision posted on the Internet.