
    In the Matter of Edward R. Scheer, Appellant, v. Michael J. Murphy, as Police Commissioner of the City of New York, Respondent.
    Argued March 27, 1974;
    decided May 1, 1974.
    
      
      Victor J. Herwitz for appellant.
    
      Adrian P. Burke, Corporation Counsel (Leonard Koerner and Stanley Buchsbaum of counsel), for respondent.
   Judgment affirmed, without costs, in the following memorandum: On the whole record, including the report of the trial commissioner, the Police Commissioner was entitled to credit the testimony of the witnesses despite the fact that the department had not preserved the wire recording of the possibly inconsistent statement on November 26, 1962 of the witness Grant.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Rabin. Taking no part: Judge Stevens.  