Legal Opinion

People ex rel. Schauwecker v. Greene

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

Decided July 15, 1904PublishedCited by 6 opinions

Certiorari- issued out of the Supreme Court and attested on the 26th day of August, 1903, directed to Francis Y‘. Greene, as police commissioner of the police department of the city of New York, commanding him to certify and return to the office of the clerk of the county of New York all and singular his proceedings had in relation to the dismissal of the relator from the police force of the city of New York.

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Certiorari- issued out of the Supreme Court and attested on the 26th day of August, 1903, directed to Francis Y‘. Greene, as police commissioner of the police department of the city of New York, commanding him to certify and return to the office of the clerk of the county of New York all and singular his proceedings had in relation to the dismissal of the relator from the police force of the city of New York. The relator, a sergeant, was found guilty upon the two charges that, while on trial June 5, 1903, he refused to obey the order of Deputy Commissioner Davis to. testify, and that having…

1Opinion of the Court

O’Brien, J.:

In reviewing the three trials upon the separate charges made against the relator, the most noticeable feature 'is that the two' deputy commissioners acted alternately as accuser, witness, prosecutor and judge, and it would seem that from the first the relator was- deemed by them to be guilty of a serious offense and that they were determined upon one charge or another to ultimately secure his dismissal from the force. Thus we have Deputy Commissioner Piper making the' first charge that the relator accepted money from the members of the school at the armory, which was tried before…

2Cases cited1 opinion

  1. People ex rel. Miller v. ElmendorfAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by6 opinions

  1. In re Scro, New York County Courts1951
  2. Evans v. MonaghanAppellate Division of the Supreme Court of the State of New York · 1953
  3. Evans v. MonaghanAppellate Division of the Supreme Court of the State of New York · 1953
  4. Grottano v. KennedyNew York Court of Appeals · 1959
  5. Martin v. O'KeefeAppellate Division of the Supreme Court of the State of New York · 1921

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