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PROPERTY CLERK OF THE POLICE DEPARTMENT OF THE CITY OF NEW YORK v. BROWN

58 A.D.3d 452 (2009)

870 N.Y.S.2d 343

PROPERTY CLERK OF THE POLICE DEPARTMENT OF THE CITY OF NEW YORK et al., Petitioners, v. HARRISON BROWN et al., Respondents.

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

January 13, 2009.

OATH's determination was not supported by substantial evidence. The evidence at the hearing held pursuant to Krimstock v Kelly (306 F.3d 40 [2d Cir 2002], cert denied 539 U.S. 969 [2003]), established that Brown committed a drug-related offense from the subject vehicle less than 1,000 feet from a public school, and that he had an extensive history of arrests and felony convictions...

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