People v. Rudnick
Cases that cite this one
3 later published cases cite this decision.
- Mollis v. Cawse (New York Supreme Court 1963)
- People v. Jacoby (N.Y. 1952)
- People v. Goldstein (New York City Court of Special Sessions 1948)
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
The defendant moved to dismiss the information “ on the ground that the facts stated therein do not constitute a violation of section 114 of the Workmen’s Compensation Law of the State of New York nor a crime under any law of this State.” We think this motion was the equivalent of a demurrer to the information. (Code Crim. Proc. §§ 323, subd. 2, 324.) The Presiding Justice of the Court of Special Sessions entered upon the information the following indorsement: “ Motion to dismiss denied.” Since we think this entry was sufficient as an order disallowing the demurrer (Code Crim. Proc. § 326), the actual decision thereby made must be reviewed on this appeal. (Code Crim. Proc. §§ 485, subd. 2, 517.)
We hold that the facts stated in the information constitute the misdemeanor defined by section 114 of the Workmen’s Compensation Law (Cons. Laws, ch. 67).
The judgment should be affirmed.
O’Brien, Loughran, Finch and Rippey, JJ., concur; Crane, Ch. J., Lehman and Hubbs, JJ., dissent.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.