People Ex Rel. Morrissey v. . Waldo
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 20, 1914, which annulled a determination of the defendant dismissing the relator from the police force of the city of New York and directed his reinstatement. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 20, 1914, which annulled a determination of the defendant dismissing the relator from the police force of the city of New York and directed his reinstatement. The facts, so far as material, are stated in the opinion. The sufficiency of the excuse offered by the relator in palliation of his conduct was addressed solely to the judgment and discretion of the police commissioner and his unfavorable consideration of that excuse presented no question of fact for determination by the…
1Opinion of the CourtCardozo, J.
The relator, a patrolman in the police department of the city of New York, has been charged with “conduct unbecoming an officer and committing a criminal offense.” The specification is that on February-21, 1912, while in the sitting room of the thirty-ninth precinct station house he “ did take from the hip pocket of Patrolman Thomas J. Fitzpatrick * * * a 38 calibre regulation revolver, and by the careless handling of said revolver caused the same to be discharged, inflicting injuries on said Patrolman Fitzpatrick from which death ensued. ”
The relator and Fitzpatrick were brother officers and…
2Cases cited1 opinion
- People Ex Rel. Masterson v. . FrenchNew York Court of Appeals · 1888
3Cited by9 opinions
- People Ex Rel. New York & Queens Gas Co. v. McCallNew York Court of Appeals · 1916
- MATTER OF BARSKY v. Bd. of RegentsNew York Court of Appeals · 1953
- In re Charges against SkinkleAppellate Division of the Supreme Court of the State of New York · 1927
- People Ex Rel. Regan v. EnrightNew York Court of Appeals · 1925
- Sagos v. O'ConnellNew York Court of Appeals · 1950
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