MATTER OF ENANDER v. KELLY


306 A.D.2d 41 (2003)

760 N.Y.S.2d 480

In the Matter of DANIEL ENANDER, Petitioner, v. RAYMOND E. KELLY, 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 5, 2003.


The finding that petitioner used excessive force in making an arrest is supported by substantial evidence, including the hearsay testimony of a Police Department investigator relating statements by eyewitnesses that petitioner viciously beat the nonresisting complainant about the head with a radio or flashlight, and unrefuted medical testimony that the complainant's surgically repaired multiple facial and skull fractures were consistent with multiple blows to the head and...

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