Legal Opinion

Silverman v. McGuire

New York Court of Appeals

Decided November 18, 1980PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

During a police department disciplinary proceeding petitioner agreed to enter a nolo contendere plea with the understanding that he would forfeit 30 days’ pay and be placed on probation for one year. Neither the trial commissioner nor the prosecutor stated explicitly that the plea was conditioned on the police commissioner’s approval or that it was not. Though the trial commissioner recommended acceptance of the plea, the police commissioner rejected it and ordered that there be a departmental hearing.

After hearing, the charges against petitioner were sustained and upon…

3Cases cited2 opinions

  1. Kelley v. JohnsonSupreme Court of the United States · 1976
  2. Brown v. CoddAppellate Division of the Supreme Court of the State of New York · 1978

4Cited by5 opinions

  1. Patrolmen's Benevolent Ass'n of City of New York, Inc. v. New York State Public Employment Relations BoardNew York Court of Appeals · 2006
  2. Benevolent Assn v. PerbNew York Court of Appeals · 2006
  3. Lynch v. GiulianiAppellate Division of the Supreme Court of the State of New York · 2003
  4. Alfred v. SafirAppellate Division of the Supreme Court of the State of New York · 2001
  5. Tetro v. SafirAppellate Division of the Supreme Court of the State of New York · 1999

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