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MATTER OF COLLINS v. CODD

38 N.Y.2d 269 (1976)

In the Matter of Thomas Collins, Respondent, v. Michael J. Codd, as Police Commissioner of the City of New York, Appellant.

Court of Appeals of the State of New York.

Decided January 6, 1976.

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Michael Ambrosio and L. Kevin Sheridan of counsel), for appellant.

Louis L. Stutman and William J. Stutman for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the determination of Police Commissioner reinstated.

At a departmental hearing on two charges of misconduct, the trial commissioner heard conflicting testimony as to the happening of events on the evening of August 2, 1972 from complainant and her daughter on the one hand and from petitioner, his partner and two fellow officers on...

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