Opinion
March 27, 1990
Appeal from the Supreme Court, New York County (C. Beauchamp Ciparick, J.).
The record in this case clearly supports the Commissioner's determinations of guilt. The arguments raised on appeal by the petitioners revolve solely around the issue of evaluating the credibility of the Department's witnesses, which is a question of fact to be resolved by the Hearing Officer. (See, Matter of Shepard v Ward, 155 A.D.2d 293.)
The evidence in the record substantially supports the finding that, on the day of this incident, petitioners Brown and Duncan brushed Mr. Perez with their car and an altercation ensued. Irrespective of who began the altercation, the result was that Mr. Perez was beaten about his head and face and later kicked and perhaps pistol-whipped by the two petitioners, neither of whom identified himself as a police officer until after the altercation.
Concur — Kupferman, J.P., Ross, Kassal and Rubin, JJ.