NEW YORK (CBSNewYork) — The judge in the departmental trial of the NYPD officer at the center of the choke-hold death of Eric Garner says the officer was “untruthful” during questioning.

In a 46-page opinion obtained by the New York Times, the NYPD’s administrative judge said Officer Daniel Pantaleo‘s definition of a choke-hold during questioning was “implausible and self-serving.”

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Pantaleo denied using the banned maneuver during the 2014 arrest on Staten Island.

MORENYPD Officer Pantaleo Suspended After Trial Judge Recommends He Be Fired Over Eric Garner’s Death

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Last month, federal prosecutors declined to file charges against the officer.

Pantaleo was suspended from the force on Aug. 2 after the judge recommended that he be fired. The Civilian Complaint Review Board also recommended termination.

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Police Commissioner James O’Neill is expected to make a final decision on Pantaleo’s fate by the end of the month.