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MATTER OF GROFF v. KELLY

309 A.D.2d 539 (2003)

765 N.Y.S.2d 31

In the Matter of ROBERT GROFF, Petitioner, v. RAYMOND W. 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 October 7, 2003.

Substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 180 [1978]), including the testimony of petitioner himself and that of the fellow officer duped by him, established petitioner's guilt of larceny by false pretenses. Petitioner's claim that he was denied due process since the specifications against him were amended after the close of testimony is unavailing since, under the circumstances...

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