IN THE MATTER OF MERCADO v. KELLY


54 A.D.3d 654 (2008)

864 N.Y.S.2d 27

In the Matter of BENIGNO MERCADO, 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.

September 30, 2008.


Substantial evidence supports the findings, including that petitioner possessed a stolen license plate and made false and misleading statements about whether he knew the plate was stolen. There is no basis for disturbing the hearing officer's assessment of petitioner's credibility regarding the inconsistencies between his plea allocution in the criminal case against him and his statements to the Internal Affairs Bureau investigators (see Matter of Berenhaus v Ward,

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