People ex rel. Kiebrick v. Roosevelt
Appellate Division of the Supreme Court of the State of New York
Certiorari to review the proceeding of the commissioners of the police department, of the city of New York, resulting in the dismissal of relator from the police force of the department of said city.
1Opinion of the CourtBarrett, J.
The respondents, in their return, specifically state that, after the relator’s trial had ended, they considered his record upon the question of guilt. It was upon “due consideration” (so they say) of this record, in connection with the testimony, that they determined that he “was guilty as charged.” This was clearly erroneous. People ex rel. McAleer v. French, 119 N. Y. 505; 30 St. Rep. 72; People ex rel. Roe v. MacLean, 57 Hun, 141; 32 St. Rep. 831 The record was not introduced upon the trial, and the accused had no’ opportunity of explaining it. It was read and considered in his absence and…
2Cases cited2 opinions
- People Ex Rel. McAleer v. . FrenchNew York Court of Appeals · 1890
- People ex rel. Roe v. McLeanNew York Supreme Court · 1890