MATTER OF KEARSE v. BROWN


184 A.D.2d 271 (1992)

In the Matter of Carl Kearse, Appellant, v. Lee P. Brown, 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.

June 9, 1992


Test results of petitioner's urinalysis revealed the presence of cocaine. At a hearing, petitioner pleaded guilty to ingesting cocaine from a cigarette while at a party, but claimed that he did so unintentionally. In his report to the Commissioner, the Hearing Officer found that petitioner's explanation "strained credulity", and even when viewed favorably demonstrated a lack of proper judgment. The Commissioner's determination, based upon this report, was entitled to substantial...

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