Legal Opinion
Evans v. Monaghan
Appellate Division of the Supreme Court of the State of New York
Decided July 7, 1953PublishedCited by 5 opinions
1Opinion of the CourtBergan, J.
The charges upon which petitioners were dismissed from the police department by the commissioner after a trial before his deputy are essentially the same charges on *384which they were previously acquitted by the commissioner. The central problem presented here is whether the prior determination dismissing the charges had such legal finality that it has become conclusive and is not open to the commissioner’s re-examination.
That this double exposure to the loss by petitioners of their positions is not double “ jeopardy ” in the sense in which the Constitution affords protection was quite fully…
2Cases cited13 opinions
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- Van Wormer v. Mayor of AlbanyNew York Supreme Court · 1836
- Dennison v. PayneCourt of Appeals for the Second Circuit · 1923
- People Ex Rel. McCabe v. . MatthiesNew York Court of Appeals · 1904
- McGillicuddy v. MonaghanAppellate Division of the Supreme Court of the State of New York · 1952
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3Cited by5 opinions
- State Ex Rel. Turnbladh v. DISTRICT COURT OF RAMSEY COUNTYSupreme Court of Minnesota · 1960
- Willmont Liquors, Inc. v. RohanNew York Supreme Court · 1956
- Cameron Estates, Inc. v. DeeringAppellate Division of the Supreme Court of the State of New York · 1953
- Phinn v. KrossAppellate Division of the Supreme Court of the State of New York · 1959
- State Ex Rel. Turnbladh v. DISTRICT COURT OF RAMSEY COUNTYSupreme Court of Minnesota · 1960