Sannuti v. Safir

Appellate Division of the Supreme Court of New York

Sannuti v. Safir

261 A.D.2d 153, 689 N.Y.S.2d 479, 1999 N.Y. App. Div. LEXIS 4565

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

DecidedMay 6, 1999

StatusPublished

Cited by1 cases

This text of 261 A.D.2d 153 (Sannuti v. Safir) 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

Sannuti v. Safir, 261 A.D.2d 153, 689 N.Y.S.2d 479, 1999 N.Y. App. Div. LEXIS 4565 (N.Y. Ct. App. 1999).

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Opinion

—Determination of respondent Police Commissioner dated August 8, 1997, dismissing petitioner from his position as a New York City police officer, 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 Tompkins, J.], entered on or about February 25, 1998) dismissed, without costs.

Respondents’ determination that petitioner conspired with a chop shop owner to have at least one car stolen on his behalf is supported by substantial evidence. Testimony of investigating officers and a tape recording, in which statements of three informants were related, although hearsay, were properly received as part of the evidence against petitioner. The reliability of the informants’ statements was corroborated by their internal consistency, by facts disclosed in the investigation and, in part, by petitioner’s own testimony (see, Matter of Martinez v Franco, 222 AD2d 335; Matter of Brinson v Safir, 255 AD2d 247; Matter of Lewis v Chesworth, 135 AD2d 995, lv denied 71 NY2d 805). Petitioner’s misconduct is sufficient to justify the penalty of dismissal (see, Matter of Perez v Safir, 249 AD2d 176).

We have considered petitioner’s other arguments and find [154]*154them unpersuasive. Concur — Williams, J. P., Rubin, Mazzarelli, Andrias and Buckley, JJ.

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—Determination of respondent Police Commissioner dated August 8, 1997, dismissing petitioner from his position as a New York City police officer, 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 Tompkins, J.], entered on or about February 25, 1998) dismissed, without costs.

Respondents’ determination that petitioner conspired with a chop shop owner to have at least one car stolen on his behalf is supported by substantial evidence. Testimony of investigating officers and a tape recording, in which statements of three informants were related, although hearsay, were properly received as part of the evidence against petitioner. The reliability of the informants’ statements was corroborated by their internal consistency, by facts disclosed in the investigation and, in part, by petitioner’s own testimony (see, Matter of Martinez v Franco, 222 AD2d 335; Matter of Brinson v Safir, 255 AD2d 247; Matter of Lewis v Chesworth, 135 AD2d 995, lv denied 71 NY2d 805). Petitioner’s misconduct is sufficient to justify the penalty of dismissal (see, Matter of Perez v Safir, 249 AD2d 176).

We have considered petitioner’s other arguments and find [154]*154them unpersuasive. Concur — Williams, J. P., Rubin, Mazzarelli, Andrias and Buckley, JJ.

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Bluebook (online)

261 A.D.2d 153, 689 N.Y.S.2d 479, 1999 N.Y. App. Div. LEXIS 4565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sannuti-v-safir-nyappdiv-1999.

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