People v. Franklin H. Kalbfleisch Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Franklin H. Kalbfleisch Company, from a judgment of the .Court of Special Sessions of the City of New York, borough of Brooklyn, Part 2, rendered against it on the 3d day of December, 1915, convicting it of a violation of section 96 of the Sanitary Code of the city of New York,* and imposing a fine of $500.
1Opinion of the Court
Rich, J.:
Irrespective of the questions presented in the briefs of counsel, this judgment must be reversed upon the ground of want of jurisdiction in the court. Prior to May 8, 1915, proceedings in the Court of Special Sessions and City Magistrates’ Courts were controlled by chapter 659 of the Laws of 1910, known as the Inferior Criminal Courts Act of the City of New York, section 95 of which, so far as material, provided: “Upon the complaint, against any person for violation of the Sanitary Code or any sanitary regulation, ordinance, or order, made to a magistrate, such magistrate may order…
2Cases cited4 opinions
- People ex rel. New York Disposal Corp. v. FreschiAppellate Division of the Supreme Court of the State of New York · 1916
- People v. GroutAppellate Division of the Supreme Court of the State of New York · 1915
- People v. CullyAppellate Division of the Supreme Court of the State of New York · 1915
- People ex rel. Cohen v. Warden of the Third District PrisonAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by3 opinions
- People v. ZambounisNew York Court of Appeals · 1929
- People v. Perfecto Chemical Co.New York Court of Special Session · 1924
- People v. AurigemmaAppellate Division of the Supreme Court of the State of New York · 1961