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IN THE MATTER OF TORRES v. KELLY

5 A.D.3d 317 (2004)

773 N.Y.S.2d 559

In the Matter of BENNY TORRES, 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 30, 2004.

The finding that petitioner subjected an individual to sexual contact without her consent is supported by substantial evidence, including, in particular, the victim's testimony. No basis exists to disturb respondent's findings of credibility (see Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444 [1987]). The penalty does not shock our sense of fairness. We note petitioner's plea of guilty to another specification charging him with...

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