JOHNSON v. WARD


124 A.D.2d 466 (1986)

Charles Johnson, Respondent, v. Benjamin Ward, as Commissioner of The New York City Department of Correction, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 6, 1986


Petitioner was dismissed from his position as an officer with the New York City Department of Correction following a hearing at which evidence was adduced establishing that he stabbed a prisoner named Gonzales under his supervision in violation of Department rule 7.05.060, prohibiting the use of excessive and unnecessary force against an inmate. Noting mitigating factors, namely the nearly two-year delay in prosecuting the charges and petitioner's uneventful service since...

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