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IN THE MATTER OF CERCIELLO v. KELLY

8 A.D.3d 128 (2004)

779 N.Y.S.2d 46

In the Matter of RALPH CERCIELLO, Appellant, v. RAYMOND KELLY, as Police Commissioner of the City of New York, Respondent.

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

June 17, 2004.

The revocation was supported by substantial evidence (Matter of Trimis v New York City Police Dept., 300 A.D.2d 162 [2002], lv denied 100 N.Y.2d 503 [2003]) indicating lack of moral character and fitness to possess a firearm (Penal Law § 400.00 [1]; 38 RCNY 5-02), including petitioner's arrest on theft and fencing charges in New Jersey, resolution of those charges by restitution...

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