An Ocean Beach police officer accused of police brutality was cleared of wrongdoing in a judge's ruling Thursday.

Police Officer Bill Emburey, a former New York Police Department sergeant with a clean record, was indicted with three other Ocean Beach officers last March. The four were charged with severely beating Samuel Gilberd, a Fire Island tourist, in 2005.

"It's a bittersweet victory, actually," Emburey said. "It's nothing really to celebrate because I should have never been in this position to begin with."

Defense attorney John Ray said the alleged incident occurred during Emburey's first night on the job and his client had absolutely nothing to do with it.

"Bill Emburey was seriously wronged by this indictment and Judge Barbara Kahn had the fortitude to say so," Ray said.

Kahn dismissed the indictment and said Emburey never should have been arrested, citing a lack of evidence of any wrongdoing on his part. The other three officers are still charged with police brutality.

Suffolk County District Attorney Thomas Spota said through a statement the judge's decision is under review.

Emburey is now suing for malicious prosecution. The suit does not yet specify monetary damages.