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People ex Rel. Cody v. Bingham

Appellate Division of the Supreme Court of New York, First Department
Jul 1, 1908
127 App. Div. 935 (N.Y. App. Div. 1908)

Opinion

July, 1908.

Present — Ingraham, McLaughlin, Laughlin, Houghton and Scott, JJ.


The charge against the relator was based upon a communication that he made to the district attorney. Upon the trial before the police commissioner there was absolutely nothing to show that any communication had ever been made to the district attorney by the relator; and, therefore, there was no evidence to sustain the finding that the relator was guilty of the charge. The counsel to the corporation having stated in open court that it was impossible to sustain the proceeding before the commissioner, and our examination of the record having led to the same result, the writ will be sustained, the proceedings annulled and the relator reinstated.


Writ sustained, proceedings annulled and relator reinstated.


Summaries of

People ex Rel. Cody v. Bingham

Appellate Division of the Supreme Court of New York, First Department
Jul 1, 1908
127 App. Div. 935 (N.Y. App. Div. 1908)
Case details for

People ex Rel. Cody v. Bingham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. EDWARD T. CODY, Relator, v …

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 1, 1908

Citations

127 App. Div. 935 (N.Y. App. Div. 1908)