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IN THE MATTER OF PERIC v. NEW YORK CITY POLICE DEPARTMENT

5 A.D.3d 142 (2004)

772 N.Y.S.2d 507

In the Matter of MUJO PERIC, Appellant, v. NEW YORK CITY POLICE DEPARTMENT, LICENSE DIVISION, RIFLE/SHOTGUN SECTION, Respondent.

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

March 4, 2004.

The permit was properly denied on the basis of the circumstances surrounding petitioner's prior arrest for assault (38 RCNY 3-03 [a]). That the charges against petitioner were adjourned in contemplation of dismissal and eventually dismissed does not disqualify the circumstances surrounding the arrest from consideration (see Matter of Abramowitz v Safir, 293 A.D.2d 352 [2002]; Matter of Servedio v Bratton,

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