Opinion
Submitted March 26, 1976
Decided May 6, 1976
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HAROLD BAER, J.
W. Bernard Richland, Corporation Counsel (Michael Ambrosio and L. Kevin Sheridan of counsel), for appellant.
Herman Schmertz for respondent.
MEMORANDUM. There should be an affirmance of the judgment. The quality and quantity of the proof showing that the police officer fired the fatal shot precluded the dismissal of the complaint for failure to prove a prima facie case.
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.
Judgment affirmed, with costs, in a memorandum.