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

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.