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MATTER OF BORRELLI v. KELLY

59 A.D.3d 164 (2009)

872 N.Y.S.2d 118

In the Matter of ROBERT BORRELLI, 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 February 3, 2009.

The evidence at the departmental trial was inadequate to support the finding of guilt on specification No. 1, knowing association with a person or organization reasonably believed to be engaged in, likely to engage in or to have engaged in criminal activities. The evidence established only that petitioner had infrequent contact with a lifelong friend after the friend was arrested in January 2003 on charges of driving while intoxicated...

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