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Fox v. Finnerty

62 N.Y.2d 796 Court N.Y. Decision date 1984-05-17 English

Judges Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.

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p. 796
In the Matter of Ronald Fox, Respondent, v John P. Finnerty, as Sheriff of Suffolk County, Appellant.
Decided May 17, 1984
p. 797

Headnote

APPEARANCES OF COUNSEL
Martin Bradley Ashare, County Attorney CMarion T. McNulty of counsel), for appellant.
Robert D. MacLachlan, Jr., for respondent.
p. 798
OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), determination appealed from and order of the Appellate Division brought up for review reversed, with costs, and the original determination of appellant reinstated. The punishment was not so disproportionate to the offense, in light of all the circumstances, as to be shocking to one’s sense of fairness (Matter of Pell v Board of Educ., 34 NY2d 222 , 237).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.

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