Legal Opinion

People ex rel. Winspear v. Kreinheder

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1921PublishedCited by 8 opinions

Certiorari issued out of the Supreme Court and attested on the 11th day of November, 1920, directed to Arthur W. Kreinheder and others, commanding them to ¿ertify and return to the office of the clerk of the county of Erie all and singular their proceedings had in reducing Robert U. Winspear from the rank of captain of police to the rank of patrolman, and assigning him to duty as patrolman in the eleventh precinct in the city of Buffalo.

1Opinion of the Court

Davis, J.:

The relator is a captain of the third police precinct of the city of Buffalo. On October 20, 1920, charges were formally preferred against him by the chief of police. A trial was had *889before the acting mayor, beginning -on November fourth, and a decision was made November eleventh, finding the relator guilty of the charges; and he was punished by being reduced from the rank of captain to that of patrolman.

The first question presented involves the right of the acting mayor to hear and to sit in judgment on the charges preferred against the relator. The counsel for the relator objected…

2Cases cited5 opinions

  1. People Ex Rel. Hayes v. . WaldoNew York Court of Appeals · 1914
  2. People ex rel. Pond v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1896
  3. People ex rel. Devaney v. GreeneAppellate Division of the Supreme Court of the State of New York · 1903
  4. People ex rel. Gannon v. McAdooAppellate Division of the Supreme Court of the State of New York · 1907
  5. People ex rel. Shires v. MageeAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by8 opinions

  1. Rotkiewicz v. Department of Mental HygieneAppellate Division of the Supreme Court of the State of New York · 1954
  2. People ex rel. Rigby v. AndersonAppellate Division of the Supreme Court of the State of New York · 1921
  3. Crowley v. FowlerAppellate Division of the Supreme Court of the State of New York · 1926
  4. In re Charges against SkinkleAppellate Division of the Supreme Court of the State of New York · 1927
  5. Ryan v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1948

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