Trotman v. Ward

*237OPINION OF THE COURT

Ross, J.

This is a CPLR article 78 proceeding brought by petitioner, Mr. David Trotman (petitioner), to annul the determination, dated October 6, 1987, of the respondent Police Commissioner of the City of New York (respondent), which dismissed him from the Police Department for misconduct. After reviewing the record, we confirm only so much of the determination as finds the petitioner guilty of misconduct, but we annul the penalty of dismissal, since we find it to be shocking to "one’s conscience” (Matter of Pell v Board of Educ., 34 NY2d 222, 240 [1974]), and remand it to…