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IN THE MATTER OF GARCIA v. KELLY

5 A.D.3d 206 (2004)

772 N.Y.S.2d 816

In the Matter of EDWARD GARCIA, 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.

March 11, 2004.

Substantial evidence, including the testimony of a member of the field team working with petitioner in an undercover narcotics operation, established that petitioner engaged in serious misconduct relating to the disposition of drugs recovered in that operation. There is no basis for disturbing respondent's determinations concerning credibility (see Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444 [1987]).

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