MATTER OF CALHOUN v. SAFIR


279 A.D.2d 295 (2001)

718 N.Y.S.2d 837

In the Matter of GARY CALHOUN, 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 January 11, 2001.


Substantial evidence, namely, the testimony of the complainant, her aunt, sister and a family friend, supports the findings that petitioner used excessive force and racial epithets in apprehending a suspected car thief who turned out to be the 10-year-old complainant. No basis exists to disturb respondent's findings of credibility (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444). The 30-day suspension does not shock our...

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