Appellate Division of the Supreme Court of New York, 1910

People v. Lang

Appellate Division of the Supreme Court of New York · Decided November 18, 1910 · Thomas

141 A.D. 114; 25 N.Y. Crim. 217; 125 N.Y.S. 727; 1910 N.Y. App. Div. LEXIS 3822

Counsel

Arthur C. DostwicJc, for the appellant., Peter P. Smith, Assistant District Attorney [John F. Clarice, District Attorney, with him on the brief], for the respondent.

Opinion of the Court

Thomas, J.:

Defendant, charged with keeping a disorderly house, and discharged by order of a city magistrate, was later found guilty of the same offense by' the Court of Special Sessions, on information filed by the district attorney, to which was attached the proceedings before the city magistrate.

The Court of Special Sessions had not jurisdiction after the discharge by the magistrate. (People v. Dillon, 197 N. Y. 254.) The jurisdiction was not questioned on the trial. The present appeal is from the judgment, whereby it appeal’s that the Court of Special Sessions had no jurisdiction, and it is immaterial that the record does not show that objection to the jurisdiction. (Brookman v. Hamill, 43 N. Y. 554, 564; Risley v. Phenix Bank of City of New York, 83 id. 318, 337.)

The judgment should be reversed.

• Woodward, Burr, Rich and Carr, JJ., concurred.

Judgment of conviction of the. Court of Special Sessions and orders reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.