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MATTER OF WILLIAMS v. CITY OF NEW YORK

64 N.Y.2d 800 (1985)

In the Matter of Howard Williams, Appellant, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided February 5, 1985.

Attorney(s) appearing for the Case

Bruce R. Bekritsky for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Stephen J. McGrath and Leonard Koerner of counsel), for respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS and KAYE concur; Judge ALEXANDER taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

While off duty on July 25, 1980, petitioner, a New York City Correction Officer, was approached by two men who allegedly pointed a sawed-off shotgun at him and his female companion. In response, he drew and fired his revolver, wounding Paul Kinard, one of the assailants. Petitioner subsequently arrested Kinard and charged him with menacing...

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