People Ex Rel. Weston v. . McClave
New York Court of Appeals
Appeal from order of tlie General Term of the Supreme Court in the first judicial department, made July 2l, 1890, which affirmed the proceedings of defendants dismissing the relator from the police force of the city of New York. The facts, so far as material, are stated in the opinion.
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Appeal from order of tlie General Term of the Supreme Court in the first judicial department, made July 2l, 1890, which affirmed the proceedings of defendants dismissing the relator from the police force of the city of New York. The facts, so far as material, are stated in the opinion. The General Term erred in its opinion that these proceedings, embracing the trial, conviction and sentence of the relator, were not in the nature of criminal proceedings, and that consequently he was not entitled ' to the protection afforded to an accused person by the Constitution and laws of this state.…
1Opinion of the CourtGray, J.
The ground on which the appellant seeks to reverse the determination of the court below, by which his dismissal from the police force has been upheld, is that the proceedings before the commissioners of police were rendered invalid; because conducted in violation of that clause of the State Constitution, which declares that “ no person shall be compelled in any criminal case to be a witness against himself.” (Art. 1, § 6.) The difficulty he encounters, however, is, assuming the applicability*to such proceedings of the constitutional inhibition, that the record here does not disclose the…
2Cited by13 opinions
- People Ex Rel. Hayes v. . WaldoNew York Court of Appeals · 1914
- People ex rel. Pond v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1896
- In re DelehantyNew York Supreme Court · 1952
- People ex rel. Doherty v. Board of Police Com'rsNew York Supreme Court · 1895
- People Ex Rel. Garvey v. . PartridgeNew York Court of Appeals · 1905
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