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MATTER OF O'BRIEN v. WARD

161 A.D.2d 496 (1990)

In the Matter of Sean O'Brien, Petitioner, 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.

May 24, 1990

We find there was substantial evidence to support the Commissioner's determination that petitioner used excessive force against one Robert Perry, without just cause, when he punched, choked and placed a gun to the head of Mr. Perry while trying to effect a stop and inquiry. Additionally, substantial evidence existed to show that petitioner failed to prepare a stop and frisk report subsequent to this search of Mr. Perry (see, 300 Gramatan Ave. Assocs. v State Div...

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