Casecation - S6-E12
Factual error: Amy is wearing a NYPD detectives badge even though she is a Sergeant at this point in the show. (00:01:00 - 00:21:20)
Casecation - S6-E12
Continuity mistake: Jake mentions that he's never wanted kids, however he has mentioned loads of times in previous seasons/episodes about wanting to become a Dad.
Answer: In reality, the Commissioner is a civilian administrator, appointed by the mayor of New York City. He (as of this writing, the role has always been filled by a man; the show gets that part right) is usually someone who has risen through the ranks of the NYPD, but upon becoming Commissioner, is no longer a sworn member of the force (the highest sworn rank is that of Chief). Since Commissioners are appointed, technically anyone can serve in the position, including Deputy Commissioners (who are appointed, in turn, by the Commissioner himself).
Update: On 1 January 2022, Keechant Sewell became the first ever female commissioner of the NYPD.