BOYD v. CONSTANTINE


180 A.D.2d 186 (1992)

In the Matter of Jon C. Boyd, Petitioner, v. Thomas A. Constantine, as Superintendent of New York State Police, Respondent

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

June 5, 1992


Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria (John Collins of counsel), for petitioner.

Robert Abrams, Attorney-General (Patrick O. McCormack of counsel), for respondent.

DENMAN, P. J., and FALLON, J., concur with GREEN, J.; BOEHM, J., dissents and votes to confirm in a separate opinion in which BALIO, J., concurs.


GREEN, J.

We are here presented with the question whether evidence that is the product of an unlawful search and suppressed for criminal prosecution purposes may be used in an administrative disciplinary proceeding. The matter comes before us in a CPLR article 78 proceeding seeking to annul a determination dismissing petitioner from the Division of State Police.

At approximately 2:30 A.M., two City of...

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