New York Court of Appeals, 1967

Donohue v. New York State Police

New York Court of Appeals · Decided May 31, 1967

19 N.Y.2d 954; 228 N.E.2d 409; 281 N.Y.S.2d 357; 1967 N.Y. LEXIS 1433

Cases that cite this one

2 later published cases cite this decision.

Pietranico v. Ambach (Appellate Division of the Supreme Court of New York 1981)
Yodice v. Shaw (Appellate Division of the Supreme Court of New York 1977)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order reversed upon the ground that the penalty imposed upon appellant is excessive as a matter of law (CPLR 7803, subd. 3; see Matter of Bell v. Waterfront Comm., 20 N Y 2d 54 [also decided today]; Matter of Walker v. Murphy, 15 N Y 2d 650, 651). His discharge is annulled and the proceeding remanded to respondent on the dissenting opinion at the Appellate Division for a determination in accordance therewith (25 AD 2d908).

Concur: Chief Judge Fuld and Judges Van Voobhis, Burke, Bergan, Keating and Breitel. Judge Soileppi dissents and votes to affirm upon the opinion at the Appellate Division.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.