Legal Opinion

People ex rel. O'Connor v. Waldo

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

Decided May 29, 1913Published

Proceeding by the People of the State of New York, on the relation of Joseph O'Connor, against Rhinelander Waldo, as Police Commissioner of the City of New York.

1Per curiam

Determination annulled, and relator restored to his position, with $50 costs and disbursements, on the ground that, giving to the relator the presumption of innocence, the evidence on which the dismissal was based (the charges involving the commission of a crime) was insufficient to warrant a dismissal. People ex rel. McAuley v. Baker, 139 App. Div. 148, 150, 123 N. Y. Supp. 493. See, also, 141 N. Y. Supp. 1141.

HIRSCHBERG, J., not voting.

2Cases cited1 opinion

  1. People ex rel. McAuley v. BakerAppellate Division of the Supreme Court of the State of New York · 1910