Legal Opinion · Concurring in part, dissenting in part

Molloy v. New York City Police Department

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

Decided February 7, 2008Published

1Concurring in part, dissenting in part

Catterson, J. (concurring in part and dissenting in part).

Because I believe that we should avoid the mischief attendant in a remand, I write separately. In my opinion, we should not only reverse but also order the respondents to produce the documents requested.

The petitioner is a former police officer, and currently confined to Woodbourne Correctional Facility. In April 1999, he was found guilty of manslaughter in the second degree and sentenced to 4 to 12 years for the shooting death of Patrick Heslin Phelan, a house painter. (See People v Molloy, 282 AD2d 311 [1st Dept 2001], lv denied 96…

2Cases cited12 opinions

Watergate II Apartments v. Buffalo Sewer AuthorityNew York Court of Appeals · 1978
Gould v. New York City Police DepartmentNew York Court of Appeals · 1996
Featherstone v. FrancoNew York Court of Appeals · 2000
M. Farbman & Sons, Inc. v. New York City HealthNew York Court of Appeals · 1984
Hanig v. State of New York Department of Motor VehiclesNew York Court of Appeals · 1992

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