Kennedy v. New York State Police

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of certain disciplinary charges and imposed a penalty.

*771The evidence adduced at a hearing in this matter established that on July 28, 1993, petitioner, a State Trooper, was approached by Zone Sergeant Wayne Flores and requested to accompany Flores to his office. As soon as the two arrived in Flores’ office, Flores turned on a tape recorder. Avowedly assuming that Flores intended to question him concerning…