MTR OF SILVERMAN v. McGUIRE


51 N.Y.2d 228 (1980)

In the Matter of John L. Silverman, Respondent, v. Robert J. McGuire, as Police Commissioner of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided November 18, 1980.


Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Alexander J. Wulwick and Carolyn E. Demarest of counsel), for appellants.

Richard A. Dienst for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in Per Curiam opinion.


Per Curiam.

During a police department disciplinary proceeding petitioner agreed to enter a nolo contendere plea with the understanding that he would forfeit 30 days' pay and be placed on probation for one year. Neither the trial commissioner nor the prosecutor stated explicitly that the plea was conditioned on the police commissioner's approval or that it was not. Though the trial commissioner recommended acceptance...

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