People ex rel. Devery v. Martin
New York Court of Common Pleas
Certiorari by William S. Devery to review the decision of James J. Martin and others, constituting the board of police commissioners of the city of New York, in dismissing relator from the police force. Commissioner John C. Sheehan voted against the dismissal, on the ground that relator was unable to be present at the trial.
1Opinion of the CourtPryor, J.
In compliance with a writ of certiorari out of this court, the respondents make return of their proceedings upon the trial and conviction of the relator of offenses, the commission of which, if legally ascertained, justifies his dismissal from the police force. The relator challenges the validity of the sentence of dismissal upon two grounds: First, that he was denied an opportunity of appearing and making defense to the charges of which he is found guilty; and, secondly, that the evidence, though uncontroverted, is insufficient to sustain the conviction.
The question to be determined by this…
2Cases cited7 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- People Ex Rel. McAleer v. . FrenchNew York Court of Appeals · 1890
- People Ex Rel. Hogan v. . FrenchNew York Court of Appeals · 1890
- People Ex Rel. Heiser v. . GilonNew York Court of Appeals · 1890
- People Ex Rel. Weston v. . McClaveNew York Court of Appeals · 1890
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3Cited by2 opinions
- People ex rel. Glennon v. MartinNew York Court of Common Pleas · 1895
- Jordan v. Board of EducationNew York Court of Common Pleas · 1895