Legal Opinion

People ex rel. Cunningham v. Bingham

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

Decided November 19, 1909PublishedCited by 8 opinions

Cebtiobabi issued out of the Supreme Court and attested on the 17th day of November, 1906, directed to Theodore A. Bingham, as police commissioner of the city of New York, commanding him to certify and return to the office of the clerk of the county of Kings all and singular his proceedings had in removing the relator from the police department of the city of New York.

1Opinion of the Court

Jenks, J.:

The relator was dismissed the police force upon conviction of neglect of duty and conduct unbecoming an officer. It was charged *603that when off duty he went on Sunday into a liquor place in the borough of Queens, arrested the keeper of it, took him and his wife two or three city blocks and then returned with them to the place instead of taking them to a station house, and that after such return he demanded and received from the keeper’s wife.$5 under the threat that if the money was not given to him he would take the keeper to the station house and prefer a charge against him.

Before…

2Cases cited2 opinions

  1. Grafton v. United StatesSupreme Court of the United States · 1907
  2. State v. GustinSupreme Court of Missouri · 1899

3Cited by8 opinions

  1. People ex rel. Kwiatkowski v. TrenkleNew York County Court, Cattaraugus County · 1938
  2. State v. TuckerWashington Supreme Court · 1926
  3. Berman v. GillroyNew York Supreme Court · 1950
  4. People v. Eklof, New York County Courts1942
  5. Schnitzler v. CaseyAppellate Division of the Supreme Court of the State of New York · 1954

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