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$4.3-Million Award to Mugger Wounded by N.Y. Police Upheld

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Associated Press

A state appeals court has upheld a $4.3-million award to a man who was shot by police and paralyzed while mugging an elderly man in a subway station.

The state Supreme Court’s Appellate Division on Thursday upheld a jury’s finding that Bernard McCummings was the victim of excessive police force. The damages must be paid by the city and the New York City Transit Authority.

McCummings served 2 1/2 years in prison for the 1984 mugging. His lawyer, David Breitbart, said that even though McCummings was shot while mugging somebody, “he shouldn’t have been sentenced to life in a wheelchair.”

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Wallace Gossett, a Transit Authority attorney, said his office would seek permission to appeal.

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