Matter of Louis v. Bratton

2017 NY Slip Op 444, 146 A.D.3d 651, 46 N.Y.S.3d 40

Opinion

Determination of respondent Police Commissioner, dated March 25, 2015, which approved the findings of the Assistant Deputy Commissioner of Trials that petitioner police officer was guilty of two departmental infractions, and imposed the recommended penalty of forfeiture of three vacation days, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Joan B. Lobis, J.], entered Nov. 24, 2015), dismissed, without costs.

Substantial evidence supports the findings that petitioner improperly stopped a vehicle and frisked the subject driver (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]). Neither petitioner nor his partner could point to a meaningful basis for believing the driver possessed a weapon or contraband (see e.g. Matter of Felix R., 265 AD2d 227 [1st Dept 1999]). There exists no basis to disturb the credibility determinations of the Assistant Deputy Commissioner of Trials (see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]).

Concur — Sweeny, J.R, Renwick, Andrias, Kahn and Gesmer, JJ.