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MATTER OF EVANS v. WARD

155 A.D.2d 249 (1989)

In the Matter of Robert Evans et al., Petitioners, v. Benjamin Ward, as Police Commissioner of The City of New York, et al., Respondents

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

November 2, 1989

The findings of guilt are supported by the consistent testimony of three eyewitnesses, and thus meet the substantial evidence test (Matter of Berenhaus v Ward, 70 N.Y.2d 436). The record shows that Officer Evans physically assaulted Mr. Smith outside Wingate High School in the presence of at least two students and one teacher, and then arrested Mr. Smith without cause. Officer Torres was present, and the record shows that (to protect...

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