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MATTER OF POTTER v. SAFIR

284 A.D.2d 156 (2001)

728 N.Y.S.2d 428

In the Matter of BRIAN POTTER, 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 12, 2001.

Substantial evidence, including the testimony of the complainant and corroborative testimony by other witnesses, supports respondent's findings that petitioner, without provocation or just cause, repeatedly struck an individual with a nightstick during the course of an arrest (see, Matter of Edwards v Safir, 282 A.D.2d 287). The penalty imposed is not shocking to our sense of fairness...

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