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MATTER OF SCHEER v. MURPHY

34 N.Y.2d 683 (1974)

In the Matter of Edward R. Scheer, Appellant, v. Michael J. Murphy, as Police Commissioner of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided May 1, 1974.

Attorney(s) appearing for the Case

Victor J. Herwitz for appellant.

Adrian P. Burke, Corporation Counsel (Leonard Koerner and Stanley Buchsbaum of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN. Taking no part: Judge STEVENS.

Judgment affirmed, without costs, in the following memorandum: On the whole record, including the report of the trial commissioner, the Police Commissioner was entitled to credit the testimony of the witnesses despite the fact that the department had not preserved the wire recording of the possibly inconsistent statement on November 26, 1962 of the...

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