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Matter of Fox v. Finnerty

Court of Appeals of the State of New York
May 17, 1984
465 N.E.2d 1259 (N.Y. 1984)

Opinion

Decided May 17, 1984

Appeal from the Appellate Division of the Supreme Court, in the Second Judicial Department.

Martin Bradley Ashare, County Attorney ( Marion T. McNulty of counsel), for appellant.

Robert D. MacLachlan, Jr., for respondent.


On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), determination appealed from and order of the Appellate Division brought up for review reversed, with costs, and the original determination of appellant reinstated. The punishment was not so disproportionate to the offense, in light of all the circumstances, as to be shocking to one's sense of fairness ( Matter of Pell v Board of Educ., 34 N.Y.2d 222, 237).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.


Summaries of

Matter of Fox v. Finnerty

Court of Appeals of the State of New York
May 17, 1984
465 N.E.2d 1259 (N.Y. 1984)
Case details for

Matter of Fox v. Finnerty

Case Details

Full title:In the Matter of RONALD FOX, Respondent, v. JOHN P. FINNERTY, as Sheriff…

Court:Court of Appeals of the State of New York

Date published: May 17, 1984

Citations

465 N.E.2d 1259 (N.Y. 1984)
465 N.E.2d 1259
477 N.Y.S.2d 324

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