Majority
p. 1140The PEOPLE, etc., ex rel. Francis BAPTISTE, relator, v. Arthur WOODS, as Police Commissioner of the City of New York, respondent. (Supreme Court, Appellate Division, Second Department. February 11, 1916.)
The relator was charged with some misbehavior in reporting that Patrolman Monaghan was fit for duty and that he found no evidence of intoxication. Later Monaghan was tried upon a charge of such intoxication and found not g-uilty. Then the present relator was tried for such false report and found guilty, although the determination as to Monaghan was received in evidence. The decision is such as to require no comment. Determination annulled and writ sustained, with $50 costs and disbursements. Jenks, P. J., and Thomas, Carr, Rich, and Putnam, JJ., concur.