People ex rel. O'Connor v. Waldo

142 N.Y.S. 1139, 157 A.D. 895, 1913 N.Y. App. Div. LEXIS 7125

Opinion

PER CURIAM.

Determination annulled, and relator restored to his position, with $50 costs and disbursements, on the ground that, giving to the relator the presumption of innocence, the evidence on which the dismissal was based (the charges involving the commission of a crime) was insufficient to warrant a dismissal. People ex rel. McAuley v. Baker, 139 App. Div. 148, 150, 123 N. Y. Supp. 493. See, also, 141 N. Y. Supp. 1141.

HIRSCHBERG, J., not voting.