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JOSE F. SIERRA, Respondent, v. ROBERT J. McGUIRE, as Police Commissioner of the City of New York, Appellant.

Order reversed, with costs, and the determination of the commissioner reinstated for reasons stated in the dissenting opinion of Justice FRITZ W. ALEXANDER at the Appellate Division ( 91 A.D.2d 179, 185).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.

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SIERRA v. McGUIRE
(Oct 18, 1983)