DIAZ v. WARD


181 A.D.2d 594 (1992)

Esmeraldo Diaz 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.

March 26, 1992


Substantial evidence supports respondent Police Commissioner's determination that petitioners, having responded to a radio run of drugs being sold, encountered complainants who were engaged in gambling activity and took money from them at gunpoint. Inconsistencies in the testimony of the complaining witnesses did no more than raise issues of credibility to be resolved by the Hearing Officer (Matter of Berenhaus v Ward, 70 N.Y.2d 436

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