People v. Osborne
People v. Osborne
Opinion of the Court
The judgment of conviction should be reversed and information dismissed. This appeal is by permission of an Associate Judge of the Court of Appeals from an order of the Jefferson County Court affirming a judgment of conviction after trial held before a Justice of the Peace of the Town of Pamelia, on the charge of a violation of section 165.05 of the Penal Law, unauthorized use of a motor vehicle. The facts of the case are not in dispute. Defendant drove complainants’ automobile without the latter’s permission in the Town of Watertown. Upon a report that the vehicle was stolen, a State Trooper obtained a warrant of arrest for defendant from a Justice in the Town of Pamelia and defendant was arraigned and tried in Justice Court, Town of Pamelia. It is uncontroverted that all the acts allegedly committed by defendant took place in Watertown. In the Court of Appeals, defendant argued that the Justice Court, Town of Pamelia, was without jurisdiction to try defendant for a Class “A” misdemeanor and that the Justice Court erred in not permitting a civil compromise (Code Grim. Pro., § 664) to be entered into between the defendant and the complainants.
The Justice Court, Town of Pamelia, was without jurisdiction to try defendant on the misdemeanor charge. Former section
Chief Judge Fuld and Judges Burke, Scileppi, Bergan. Breitel, Jasen and Gibson concur.
Order reversed and the information dismissed in a memorandum.
Reference
- Full Case Name
- The People of the State of New York v. Lee Osborne
- Cited By
- 2 cases
- Status
- Published