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MATTER OF BROUSSEAU v. KELLY

33 A.D.3d 564 (2006)

825 N.Y.S.2d 440

In the Matter of JOSEPH BROUSSEAU, 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 31, 2006.

With respect to (1) above, petitioner's contention that, in violation of his right to due process (see Matter of Murray v Murphy, 24 N.Y.2d 150, 157 [1969]), he was found guilty of the uncharged failure to follow police procedure after the wrongful handcuffing, rather than of the handcuffing itself, is without merit. The findings clearly state that the handcuffing was the misconduct of...

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