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MATTER OF WINTER v. BARRY

22 N.Y.2d 853 (1968)

In the Matter of Stanley Winter, Respondent, v. John L. Barry, as Commissioner of Police of the Suffolk County Police Department, Appellant.

Court of Appeals of the State of New York.

Decided July 1, 1968.

Attorney(s) appearing for the Case

George W. Percy, Jr., County Attorney (Stanley S. Corwin of counsel), for appellant.

Malcolm L. Tillim for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and KEATING. Judge JASEN dissents and votes to modify in an opinion in which Judge BREITEL concurs.

Order affirmed, without costs, on the opinion at the Appellate Division.

JASEN, J. (dissenting).

The Police Commissioner's findings that petitioner was guilty of "receiving and agreeing to receive a valuable piece of property for his own use without reporting same to Commissioner" and "failure to safeguard [the] crime scene and protect evidence" were sustained by the Appellate Division and all the members...

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