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MATTER OF GIAMMARINO v. WARD

161 A.D.2d 440 (1990)

In the Matter of Michael Giammarino, Petitioner, v. Benjamin Ward, as Police Commissioner of The City of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 17, 1990

There was substantial evidence to support the Commissioner's determination that a reasonable suspicion existed to require petitioner to submit to urinalysis. Statements made by a fellow officer that he had used cocaine with petitioner created the necessary "founded suspicion". (People v De Bour, 40 N.Y.2d 210, 215 [1976].) Moreover, the statement was reliable as it constituted a declaration against the fellow officer's penal interest...

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