Colon v. Ward

Appellate Division of the Supreme Court of New York

Colon v. Ward

160 A.D.2d 587

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 24, 1990

StatusPublished

This text of 160 A.D.2d 587 (Colon v. Ward) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colon v. Ward, 160 A.D.2d 587 (N.Y. Ct. App. 1990).

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Opinion

—Determination of the respondent Police Commissioner dated September 13, 1988, which dismissed petitioner from her position as a New York City police officer, is unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, New York County, Harold Baer, Jr., J., entered March 20, 1989) is dismissed without costs or disbursements.

The record contains substantial evidence to support the Commissioner’s determination that petitioner was guilty of violating the Patrol Guide by failing to file a report or to take [588]*588proper police action with respect to her husband’s known illegal drug activities. (See, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176.) The spousal privilege asserted by petitioner is inapplicable here since any communications regarding the drug transactions were made in the presence of third parties. (See, People v Ressler, 17 NY2d 174, 179.) Indeed, by revealing the fact of his drug activities to his daughter, to his intermediary and to his purchasers, petitioner’s husband evinced no intent to keep the matter in petitioner’s confidence. Concur—Sullivan, J. P., Ross, Ellerin, Wallach and Smith, JJ.

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—Determination of the respondent Police Commissioner dated September 13, 1988, which dismissed petitioner from her position as a New York City police officer, is unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, New York County, Harold Baer, Jr., J., entered March 20, 1989) is dismissed without costs or disbursements.

The record contains substantial evidence to support the Commissioner’s determination that petitioner was guilty of violating the Patrol Guide by failing to file a report or to take [588]*588proper police action with respect to her husband’s known illegal drug activities. (See, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176.) The spousal privilege asserted by petitioner is inapplicable here since any communications regarding the drug transactions were made in the presence of third parties. (See, People v Ressler, 17 NY2d 174, 179.) Indeed, by revealing the fact of his drug activities to his daughter, to his intermediary and to his purchasers, petitioner’s husband evinced no intent to keep the matter in petitioner’s confidence. Concur—Sullivan, J. P., Ross, Ellerin, Wallach and Smith, JJ.

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Bluebook (online)

160 A.D.2d 587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colon-v-ward-nyappdiv-1990.

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