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MATTER OF MARTINEZ v. BRATTON

101282/16 5917A 5917.

159 A.D.3d 461 (2018)

70 N.Y.S.3d 36

2018 NY Slip Op 01536

In the Matter of NIKAURYS MARTINEZ et al., Petitioners, v. WILLIAM J. BRATTON et al., Respondents.

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

Decided March 8, 2018.

Substantial evidence supports the determination that petitioners struck a civilian while he was rear-handcuffed (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 180-181 [1978]). The unequivocal eyewitness testimony of a police sergeant, which was credited by the Assistant Deputy Commissioner of Trials, and was supported by her contemporaneous report of the incident to the Internal Affairs Bureau...

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