Hyperlawhypertext legal database People ex rel. O'Connor v. Waldo 142 N.Y.S. 1139

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People ex rel. O'Connor v. Waldo

142 N.Y.S. 1139 Court N.Y. App. Div. Decision date 1913-05-29 English

Contents

Majority

p. 1139
PEOPLE ex rel. O’CONNOR v. WALDO, Police Com’r.
(Supreme Court, Appellate Division, Second Department.
May 29, 1913.)

Headnote

Proceeding by the People of the State of New York, on the relation of Joseph O'Connor, against Rhinelander Waldo, as Police Commissioner of the City of New York.

Determination annulled, and relator restored to his position, with $50 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, 123 N. Y. Supp. 493 . See, also, 141 N. Y. Supp. 1141 .

HIRSCHBERG, J., not voting.