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MATTER OF KISSOON v. SAFIR

273 A.D.2d 180 (2000)

711 N.Y.S.2d 722

In the Matter of TOTORAM KISSOON, Petitioner, v. HOWARD SAFIR, 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.

Decided June 29, 2000.

Substantial evidence supports respondent's finding that petitioner, in the course of a traffic-related altercation while off duty, did not accidentally discharge his weapon but, instead, deliberately aimed and fired it at the complainant's vehicle. No basis exists to disturb respondent's findings of credibility (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444), or the penalty imposed (see, supra...

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