Majority
p. 895The People of the State of New York ex rel. Joseph O’Connor, Relator, v. Rhinelander Waldo, as Police Commissioner of the City of New York, Respondent.
Determination annulled and relator restored to his position, with fifty dollars costs and disbursements, on the ground that giving to the relator the presumption of innocence, the evidence on which the dismissal was based (the charges involving the commission of a crime) was insufficient to warrant a dismissal. (People ex rel. McAuley v. Baker, 139 App. Div. 148 , 150.) Jenks, P. J., Burr, Thomas and Stapleton, JJ., concurred; Hirschberg, J., not voting.