Alfieri v. Murphy

New York Court of Appeals

Alfieri v. Murphy

348 N.E.2d 614, 38 N.Y.2d 976, 384 N.Y.S.2d 157, 1976 N.Y. LEXIS 2608

CourtNew York Court of Appeals

DecidedMarch 25, 1976

StatusPublished

Cited by51 cases

This text of 348 N.E.2d 614 (Alfieri v. Murphy) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alfieri v. Murphy, 348 N.E.2d 614, 38 N.Y.2d 976, 384 N.Y.S.2d 157, 1976 N.Y. LEXIS 2608 (N.Y. 1976).

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Opinion

Memorandum. We see no reason in the record to disturb the finding by the Appellate Division that the Police Commissioner’s determination is supported by substantial evidence. Further, while the sanction of dismissal is a grave one, so is the act which here brought it about. The smallness of the value of the property petitioner stole does not diminish the moral turpitude thus disclosed. Nor does it ameliorate the destructive impact such conduct tends to have on the confidence which it is so important for the public to have in its police officers. Therefore, it cannot be said that the discipline imposed was "so disproportionate to the offense as to be shocking to one’s sense of fairness” (Matter of Pell v Board of Educ., 34 NY2d 222, 237; cf. Matter of O’Connor v Frank, 38 NY2d 963). It follows that the order should be affirmed.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Judgment, denominated an order, affirmed, with costs, in a memorandum.

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Memorandum. We see no reason in the record to disturb the finding by the Appellate Division that the Police Commissioner’s determination is supported by substantial evidence. Further, while the sanction of dismissal is a grave one, so is the act which here brought it about. The smallness of the value of the property petitioner stole does not diminish the moral turpitude thus disclosed. Nor does it ameliorate the destructive impact such conduct tends to have on the confidence which it is so important for the public to have in its police officers. Therefore, it cannot be said that the discipline imposed was "so disproportionate to the offense as to be shocking to one’s sense of fairness” (Matter of Pell v Board of Educ., 34 NY2d 222, 237; cf. Matter of O’Connor v Frank, 38 NY2d 963). It follows that the order should be affirmed.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Judgment, denominated an order, affirmed, with costs, in a memorandum.

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Bluebook (online)

348 N.E.2d 614, 38 N.Y.2d 976, 384 N.Y.S.2d 157, 1976 N.Y. LEXIS 2608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alfieri-v-murphy-ny-1976.

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