MATTER OF KELLY v. MURPHY


20 N.Y.2d 205 (1967)

In the Matter of Francis J. Kelly, Appellant, v. Michael J. Murphy, as Police Commissioner of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 7, 1967.


Attorney(s) appearing for the Case

Murray A. Gordon for appellant.

J. Lee Rankin, Corporation Counsel (Patricia Zeserson and Stanley Buchsbaum of counsel), for respondents.

Judges BURKE, SCILEPPI and KEATING concur with Judge VAN VOORHIS; Chief Judge FULD and Judges BERGAN and BREITEL dissent and vote to affirm on the ground that the determination of the Police Commissioner was supported by substantial evidence and that the question of the credibility of the witness McPhillips was exclusively for the Police Commissioner to determine.


VAN VOORHIS, J.

The Trial Commissioner cleared appellant of each of the charges against him. The only one which remains for our consideration is Specification 7, of which he was acquitted by the Trial Commissioner but found guilty by the Police Commissioner, which is that, without corrupt motive, Lieutenant Kelly "off duty and in civilian clothes, acting in concert with Patrolman Flynn mentioned in Specification...

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