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MATTER OF BAUMGARTNER v. LEARY

29 N.Y.2d 873 (1971)

In the Matter of William A. Baumgartner, Appellant, v. Howard R. Leary, as Commissioner of Police of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 2, 1971.

Attorney(s) appearing for the Case

Ronald A. Straci and Charles Haydon for appellant.

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

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

MEMORANDUM.

Since the respondent Police Commissioner did not appeal, as he might have done, from the determination of the Appellate Division dismissing one of the two specifications in the charges against petitioner, the specification that was dismissed must now be deemed concluded as a matter of law. This specification of the charge, willfully shooting and fatally injuring another person, was more serious than the one sustained...

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