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MATTER OF SOLOMITA v. BROWN

177 A.D.2d 385 (1991)

In the Matter of Federico Solomita, Petitioner, v. Lee P. Brown, 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 19, 1991

Petitioner, charged with misconduct and identified by his victim from a photographic array, claims that the proof of his identity was not supported by substantial evidence in that insufficient weight was given to the testimony of his alibi witness, a clergyman. Because of various inconsistencies in the clergyman's recollection of the events, the Hearing Officer was persuaded that his testimony was "the product of faulty recollection...

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