Legal Opinion · Dissent

Beauclerk v. Nyer

Appellate Division of the Supreme Court of the State of New York

Decided February 9, 1945Published

1DissentUntermyer, J.

I find no error in the record warranting reversal of the unanimous determination of the Court of Special Sessions, which, of course, was in a superior position to determine issues of fact and which in this quasi-criminal proceeding was required to decide in favor of the defendant, unless the complainant’s testimony, was, in the language of this court, “ entirely satisfactory ” (People v. McKay, 72 App. Div. 527; Commissioner of Public Welfare [McNamee] v. Ryan, 238 App. Div. 607; Commissioner of Public Welfare, City of N. Y. v. Kotel, 256 App. Div. 352). In the present case the testimony of…

2Cases cited3 opinions

  1. Commissioner of Public Welfare v. RyanAppellate Division of the Supreme Court of the State of New York · 1933
  2. Commissioner of Public Welfare v. KotelAppellate Division of the Supreme Court of the State of New York · 1939
  3. People v. McKayAppellate Division of the Supreme Court of the State of New York · 1902

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