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MATTER OF MONTELLA v. KELLY

202 A.D.2d 241 (1994)

608 N.Y.S.2d 461

In the Matter of Peter Montella, Petitioner, v. Raymond W. Kelly, as New York City Police Commissioner, et al., Respondents

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

March 8, 1994

Given the Trial Commissioner's obvious disregard of the favorable results of petitioner's polygraph examination on the issue of whether his ingestion of cocaine was unwitting, which she dismissed as "monosyllabic answers to several direct questions", it cannot be said that all of the otherwise unobjectionable evidence was taken into account. "`The substantiality of evidence must take into account whatever in the record fairly detracts...

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