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From our examination of the whole record, we do not view petitioner’s dismissal, in the light of all the circumstances, as shocking to our sense of fairness; and conclude that the Police Commissioner’s exercise of discretion should not be disturbed. Concur — Botein, P. J., Breitel, Valente and Steuer, JJ.; McNally, J., dissents and votes to affirm on the ground that the punishment in the circumstances was excessive.
Document Info
Citation Numbers: 15 A.D.2d 479
Filed Date: 12/19/1961
Precedential Status: Precedential
Modified Date: 1/12/2022