People ex rel. Hanrahan v. McAdoo

We think that the relator has mistaken his remedy. If, as the record shows, he was convicted after a- trial upon charges, he cannot in effect review that determination and annul it by mandamus, but he must resort to certiorari. (People ex rel. Goodwin v. MacLean, 62 Hun, 42.) This rule is not . affected by the number or the gravity of the errors which may be assigned to the trial and the procedure thereof, so long as it appears that the' dismissal complained of was the result of a judicial act. The relator cannot, by allegation that his suspension pending the-charges and their determination…