People ex rel. Edwards v. Tappan

Superior Court of New York

People ex rel. Edwards v. Tappan

36 N.Y.S. 773, 15 Misc. 20

CourtThe Superior Court of the City of New York and Buffalo

DecidedDecember 18, 1895

StatusPublished

This text of 36 N.Y.S. 773 (People ex rel. Edwards v. Tappan) is published on Counsel Stack Legal Research, covering The Superior Court of the City of New York and Buffalo primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Edwards v. Tappan, 36 N.Y.S. 773, 15 Misc. 20 (superctny 1895).

Pincite

Opinion

PER CURIAM.

The relator was duly tried and convicted upon a charge of having been off from his post, and thereupon dismissed from the police force of the park department. Upon his trial he admitted that, when found by his superior officer, he was four blocks away from his post, but claimed that he had left his post to attend a call of nature. There was some evidence which. cast doubt upon the sincerity of the claim, but, assuming the truth of the relator’s statement, he was still guilty of a violation of the rule of the department, which in such a case made it his duty to call on, and temporarily resign his duty to, some other member of the force. No excuse or explanation was given by him why he had not complied with the rule in this particular. The conviction therefore rests upon sufficient evidence, and, that being so, we cannot reverse the proceeding for the sole reason that in our judgment a less severe punishment should have been inflicted. The determination of the board of commissioners must be confirmed, with $50 costs and disbursements.

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PER CURIAM.

The relator was duly tried and convicted upon a charge of having been off from his post, and thereupon dismissed from the police force of the park department. Upon his trial he admitted that, when found by his superior officer, he was four blocks away from his post, but claimed that he had left his post to attend a call of nature. There was some evidence which. cast doubt upon the sincerity of the claim, but, assuming the truth of the relator’s statement, he was still guilty of a violation of the rule of the department, which in such a case made it his duty to call on, and temporarily resign his duty to, some other member of the force. No excuse or explanation was given by him why he had not complied with the rule in this particular. The conviction therefore rests upon sufficient evidence, and, that being so, we cannot reverse the proceeding for the sole reason that in our judgment a less severe punishment should have been inflicted. The determination of the board of commissioners must be confirmed, with $50 costs and disbursements.

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Bluebook (online)

36 N.Y.S. 773, 15 Misc. 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-edwards-v-tappan-superctny-1895.