Halloran v. Kirwan

Breitel, J. (dissenting).

There are two issues in the case. The first is whether there was substantial evidence to support an administrative finding that a police officer had intentionally *691filched cheese while shopping in a chain supermarket. The second is whether a police organization is arbitrary in dismissing an officer who has committed such an offense, petty or not.

Two employees testified unequivocally to observing the police officer who had pocketed two packaged cheeses while paying for other foods carried in a shopping cart. The police officer on several occasions before the hearing and…