Toro v. Malcolm

OPINION OF THE COURT

Jasen, J.

The issue posed on this appeal is whether a public officer whose felony conviction is reversed on appeal is entitled to an *149award of back pay from the date of his conviction to the date of his voluntary reinstatement.

Respondent, Peter Toro, was appointed on September 8, 1969 as a Correction Officer of the New York City Correction Department. On August 30, 1971, respondent was arrested and charged with burglary, petit larceny, and impersonating a police officer. After a jury trial, he was convicted of these charges and was sentenced to a maximum term of four years’…