People ex rel. Clancy v. Bingham

123 A.D. 226, 107 N.Y.S. 1063, 1908 N.Y. App. Div. LEXIS 33

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 10, 1908
• Status: Published

Opinion

Per Curiam:

The relator, a member of the police force detailed as a member of the tenement house squad, was charged with having* assaulted and insulted a young colored woman, and after a trial was convicted and dismissed from the force. It is alleged in the petition and not denied by the return that the relator was given less than forty-eight hours’ notice of trial, the notice having been servéd on him at on e-thirty-five p. m. on February twenty-sixth to appear for trial at ten a. m. on February twenty-eighth, thus giving him only forty-four and one-half hours’ notice. The rule of the department (36g) requires that notice of trial shall be served not less than forty-eight hours before the hour of trial, exclusive of Sundays," legal holidays and, half-holidays. The defendant when arraigned for trial asked for an adjournment, which was denied. The failure to give-sufficient notice was fatal to the validity of the proceedings, and the writ must be sustained, the determination of the respondent annulled and the relator reinstated,- with fifty dollars costs.

Present — Patterson, P. J., Ingraham, Lahghlin, Clarke and Scott, JJ.

Proceedings annulled and relator reinstated, - with fifty dollars costs and disbursements. Settle order on notice.