In re Praither
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order sustaining writ of habeas corpus and discharging respondent from custody reversed on the law, without costs, writ dismissed and respondent remanded to the custody of the sheriff of Nassau county. The Court of Special Sessions in the town of Hempstead had no jurisdiction to try respondent for possessing “ policy ” slips in violation of section 974 of the Penal Law. Such offense is indictable in the County Court. (1) The possession of policy slips is not mentioned in section 56 of the Code of Criminal Procedure, which is the source of jurisdiction of the Court of Special Sessions outside…
2Cases cited4 opinions
- People v. BloomNew York Court of Appeals · 1928
- People v. LyttleNew York Court of Appeals · 1929
- People v. EdelsteinAppellate Division of the Supreme Court of the State of New York · 1931
- People v. WeberAppellate Division of the Supreme Court of the State of New York · 1935