MATTER OF VENTURA v. SAFIR


282 A.D.2d 242 (2001)

722 N.Y.S.2d 859

In the Matter of STEVEN VENTURA, Petitioner, v. HOWARD SAFIR, as Police Commissioner of the City of New York and as Chair of the Board of Trustees of the Police Pension Fund, Article II, et al., Respondents.

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

Decided April 10, 2001.


Respondent's finding that petitioner caused physical injury to the complainant while the latter was handcuffed and in petitioner's custody, and thereby committed assault in the third degree (Penal Law § 120.00), is supported by substantial evidence, including the complainant's testimony, and the medical evidence, generated by the ambulance service and hospital emergency room where the complainant was treated moments after leaving the station house. No basis exists to...

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