NEW YORK (CBSNewYork) — Rev. Al Sharpton held a National Action Network rally on Saturday, denouncing the recent promotion of one of the officers in the Amadou Diallo shooting.

“To sit back while this man uses civil service laws and is promoted is a slap in the face to not only madam Diallo, but to a city that she could have advocated a lot of wrath for,” Sharpton said.

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Kenneth Boss, 44, was promoted to sergeant on Thursday. Police told CBS2 Boss passed the sergeants’ test –which is a civil service exam — and has no pending disciplinary issues.

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In February 1999, Boss fired five of the 41 shots that killed Diallo. Boss and his fellow officers had mistaken the unarmed 24-year-old immigrant for a rape suspect.

The officers opened fire on Diallo when he reached for his wallet, which the officers thought was a gun.

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Boss and the other officers were cleared of criminal charges.