People Ex Rel. Clarke v. . Roosevelt
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 4, 1896, which confirmed, on certiorari, the proceedings of the defendants in dismissing the relator from the police force of the city of New York and dismissed the writ. The facts, so far as material, are stated in the opinion. There was no evidence warranting relator’s conviction on the charges made against him.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 4, 1896, which confirmed, on certiorari, the proceedings of the defendants in dismissing the relator from the police force of the city of New York and dismissed the writ. The facts, so far as material, are stated in the opinion. There was no evidence warranting relator’s conviction on the charges made against him. (People ex rel. v. Martin, 142 N. Y. 352; People ex rel. v. French, 119 N. Y. 493; People ex rel. v. Bd. of Police Comrs., 155 N. Y. 40; People ex rel. v. Roosevelt, 22…
1Opinion of the CourtHaight, J.
I adopt the rule sanctioned in the case of People ex rel. McAleer v. French (119 N. Y. 502) to the effect that “ In determining the guilt of a police officer, who is on trial for charges preferred against him, the police commissioners cannot act upon their own knowledge. The charges must be tried upon evidence, and the guilt must be established by evidence produced before the commissioners upon the trial, -x- -x x p>a£ inflieting the punishment they may take into consideration the evidence, as well as their own knowledge of the police officer, and inflict such punishment, authorized by the…
2Cases cited1 opinion
- People Ex Rel. McAleer v. . FrenchNew York Court of Appeals · 1890
3Cited by5 opinions
- People Ex Rel. Shiels v. . GreeneNew York Court of Appeals · 1904
- People ex rel. Regan v. YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Charges v. TheofelNew York Surrogate's Court · 1932
- People Ex Rel. Bolles v. . YorkNew York Court of Appeals · 1901
- People ex rel. Walters v. LewisAppellate Division of the Supreme Court of the State of New York · 1906