McDermott v. Murphy

¶1From our examination of the whole record, we do not view petitioner’s dismissal, in the light of all the circumstances, as shocking to our sense of fairness; and conclude that the Police Commissioner’s exercise of discretion should not be disturbed. Concur — Botein, P. J., Breitel, Valente and Steuer, JJ.; McNally, J., dissents and votes to affirm on the ground that the punishment in the circumstances was excessive.