
    PEOPLE ex rel. O’CONNOR v. WALDO, Police Com’r.
    (Supreme Court, Appellate Division, Second Department.
    May 29, 1913.)
    Proceeding by the People of the State of New York, on the relation of Joseph O'Connor, against Rhinelander Waldo, as Police Commissioner of the City of New York.
   PER CURIAM.

Determination annulled, and relator restored to his position, with $50 costs and disbursements, on the ground that, giving to the relator the presumption of innocence, the evidence on which the dismissal was based (the charges involving the commission of a crime) was insufficient to warrant a dismissal. People ex rel. McAuley v. Baker, 139 App. Div. 148, 150, 123 N. Y. Supp. 493. See, also, 141 N. Y. Supp. 1141.

HIRSCHBERG, J., not voting.  