People Ex Rel. Shiels v. . Greene
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 27, 1904, which affirmed the proceedings of the defendant in dismissing the relator from the police force of the city of Hew York. The facts, so far as material, are stated in the opinion. The conviction should not he sustained, because of erroneous rulings by the trial commissioner in the admission and exclusion of evidence, to the relator’s prejudice.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 27, 1904, which affirmed the proceedings of the defendant in dismissing the relator from the police force of the city of Hew York. The facts, so far as material, are stated in the opinion. The conviction should not he sustained, because of erroneous rulings by the trial commissioner in the admission and exclusion of evidence, to the relator’s prejudice. (Robinson v. N. Y. El. R. R. Co., 175 N. Y. 220.) The effect of the unanimous affirmance by the Appellate Division is to…
1Opinion of the CourtO’Brien, J.
The relator was removed by the defendant from the police force after a trial upon written charges, which amount to neglect of duty ; but to be more specific, the charge was that the relator having been assigned and detailed as acting captain of police in command of the 19th police precinct, neglected and omitted to suppress a certain house of ill-fame therein; that from the 15th to the 30th of July, 1901, the relator knowing that a notorious house of prostitution was kept and maintained at No. 148 West 33d street, willfully neglected and omitted to suppress the same or to take any steps to…
2Cases cited4 opinions
- People Ex Rel. McAleer v. . FrenchNew York Court of Appeals · 1890
- White v. . MillerNew York Court of Appeals · 1910
- People Ex Rel. Clarke v. . RooseveltNew York Court of Appeals · 1901
- People Ex Rel. Grogan v. . YorkNew York Court of Appeals · 1901
3Cited by6 opinions
- Sowa v. LooneyNew York Court of Appeals · 1968
- Matter of Greenebaum v. . BinghamNew York Court of Appeals · 1911
- People ex rel. Shiels v. GreeneAppellate Division of the Supreme Court of the State of New York · 1906
- People Ex Rel. Moynihan v. . GreeneNew York Court of Appeals · 1904
- Nistal v. HausauerAppellate Division of the Supreme Court of the State of New York · 1953
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