People ex rel. Von Bargen v. Bingham
This text of 134 A.D. 919 (People ex rel. Von Bargen v. Bingham) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The relator was charged with neglect of duty, the particular specification being that he was absent from his post of duty for several hours on the night of September 16, 1907, and the evidence was amply sufficient to justify the commissioner in finding the relator guilty. The punishment in such case is within the sound discretion of the commissioner, and we cannot interfere with his exercise of this discretion. (People ex rel. Masterson v. French, 110 N. Y. 498; People ex rel. Hogan v. French, 119 id. 493. The determination of the police commissioner is confirmed, with costs. Hirschberg, P. J., Jenks, Gaynor and Miller, JJ., concurred. Determination confirmed, with costs.
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Cite This Page — Counsel Stack
134 A.D. 919, 118 N.Y.S. 880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-von-bargen-v-bingham-nyappdiv-1909.