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MATTER OF VELASQUEZ v. KERIK

294 A.D.2d 242 (2002)

742 N.Y.S.2d 277

In the Matter of ANTONIO VELASQUEZ, Petitioner, v. BERNARD B. KERIK et al., Respondents.

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

Decided May 23, 2002.

There was substantial evidence to support the finding that petitioner, while off-duty, savagely beat a civilian, and it was within the province of the hearing officer to reject petitioner's claim of self-defense against his much smaller victim. The hearing officer's credibility findings are unassailable (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444), and it is not for this Court to weigh the evidence (see, e.g., Matter...

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