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MATTER OF SILVA v. KELLY

238 A.D.2d 245 (1997)

656 N.Y.S.2d 870

In the Matter of John E. Silva, Petitioner, v. Raymond A. Kelly, as Commissioner of The Police Department of the City of New York, et al., Respondents

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

April 22, 1997

The finding is supported by substantial evidence, including photographs of the victim taken shortly after he was beaten, the note indicating that the victim had been charged with raping his own daughter that was attached to victim's clothing shortly before the other prisoners attacked him, corroborative testimony of one of the officers who was on duty at the time of the incident, and the immediate complaint of the inmate victim...

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