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MATTER OF GUNNING v. CODD

49 N.Y.2d 495 (1980)

In the Matter of James J. Gunning, Appellant, v. Michael J. Codd, as Police Commissioner of the Police Department of the City of New York, and as Executive Chairman of the Board of Trustees of the Police Pension Fund, Article II, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 25, 1980.

Attorney(s) appearing for the Case

Ira Leitel, Joseph Fallek and Carol Mellor for appellant.

Allen G. Schwartz, Corporation Counsel (Carolyn E. Demarest and L. Kevin Sheridan of counsel), for respondents.

Judges JASEN, GABRIELLI, JONES and MEYER concur with Chief Judge COOKE; Judges WACHTLER and FUCHSBERG dissent and vote to reverse for reasons stated in the dissenting in part opinion by Mr. Justice LEONARD H. SANDLER at the Appellate Division (65 A.D.2d 419-423; see, also, Matter of Cunningham v Nadjari, , 317).

Chief Judge COOKE.

Section 30 (subd 1, par e) of the Public Officers Law provides that a public office shall become vacant upon the officeholder's conviction of a felony. The question posed by this appeal concerns the operative definition of the word "conviction" as used in the statute.

On April 27, 1977, petitioner, a veteran police officer, was found guilty by a jury of official misconduct, a class...

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