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Donohue v. New York State Police

228 N.E.2d 409, 19 N.Y.2d 954, 281 N.Y.S.2d 357, 1967 N.Y. LEXIS 1433
CourtNew York Court of Appeals
DecidedMay 31, 1967
StatusPublished
Cited by2 cases

This text of 228 N.E.2d 409 (Donohue v. New York State Police) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Donohue v. New York State Police, 228 N.E.2d 409, 19 N.Y.2d 954, 281 N.Y.S.2d 357, 1967 N.Y. LEXIS 1433 (N.Y. 1967).

Opinion

Order reversed upon the ground that the penalty imposed upon appellant is excessive as a matter of law (CPLR 7803, subd. 3; see Matter of Bell v. Waterfront Comm., 20 N Y 2d 54 [also decided today]; Matter of Walker v. Murphy, 15 N Y 2d 650, 651). His discharge is annulled and the proceeding remanded to respondent on the dissenting opinion at the Appellate Division for a determination in accordance therewith (25 AD 2d908).

Concur: Chief Judge Fuld and Judges Van Voobhis, Burke, Bergan, Keating and Breitel. Judge Soileppi dissents and votes to affirm upon the opinion at the Appellate Division.

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Bluebook (online)
228 N.E.2d 409, 19 N.Y.2d 954, 281 N.Y.S.2d 357, 1967 N.Y. LEXIS 1433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donohue-v-new-york-state-police-ny-1967.