# Halloran v. Kirwan

> New York Court of Appeals · March 3, 1971 · 28 N.Y.2d 689

URL: https://www.frixlaw.com/law-library/cases/5526461

## Case

- **Full name:** In the Matter of John M. Halloran v. William E. Kirwan, Jr., as Superintendent of State Police
- **Court:** New York Court of Appeals
- **Decided:** March 3, 1971
- **Citations:** 28 N.Y.2d 689; 320 N.Y.S.2d 742; 269 N.E.2d 403; 1971 N.Y. LEXIS 1478
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Breitel
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5526461

## Opinion text

Order reversed, with costs, and determination of respondent annulled. Lacking in this case is definitive proof that petitioner intended to commit larceny and, accordingly, the order appealed from should be reversed and respondent’s determination annulled on the ground that there is no substantial evidence in the record to support it.
Concur: Chief Judge Fulo and Judges Burke, Bergan and Gtibson. Judge Scileppi dissents and votes to modify by remitting matter to Superintendent of State Police for reconsideration and reduction of penalty of dismissal upon the ground that penalty imposed was grossly excessive. Judge Breitel dissents and votes to affirm in the following opinion in which Judge Jasen concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5526461. Public record. Not legal advice.