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O'Neill will not say he'll follow the recommendations in the Eric Garner case

NYPD Commissioner James O'Neill declined to announce Wednesday whether he would follow a member's recommendation regarding the possible discipline of the cop accused of using a starter banned during Eric's arrest. Garner.

"The trial is ongoing. I'm not going to prejudge everything that's going on, "O'Neill said following a town hall budget hearing.

Deputy Commissioner Rosemarie Maldonado hears the testimony of Constable Daniel Pantaleo following the death of Garner, who was recorded on a cell phone video and repeatedly shouted, "I can not breathe !

After the trial of Pantaleo's department, Maldonado will submit his findings to O'Neill.

If she finds Pantaleo guilty, Maldonado will also recommend a sentence of up to and including dismissal.

However, O'Neill will be free to override these recommendations and make his own decisions regarding guilt and punishment, according to the NYPD.

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