Roman v. Constantine

Determination unanimously confirmed without costs and petition dismissed. Memorandum: Upon our review of the record, we conclude that respondent’s determination was supported by substantial evidence (see, Matter of Ligreci v Honors, 171 AD2d 1058, lv denied 78 NY2d 853). Because petitioner’s noncustodial statement during an interview by a superior officer was not illegally obtained, there is no merit to his claim that respondent’s violation of his constitutional rights mandates its exclusion (cf., Matter of Boyd v Constantine, 180 AD2d 186).

We also find no merit to petitioner’s contention…