
    In the Matter of James P. McDermott, Respondent, v. Michael J. Murphy, as Commissioner of the Police Department of the City of New York, Appellant.
   From 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.  