People v. Freileweh
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frederick J. Freileweii, from a judgment of the County Court of the county of Ulster, rendered on the 1st day of June, 1896,- affirming a judgment of the Court of Special Sessions held by the recorder of the city of Kingston, convicting the defendant of a violation of section 31 of chapter 401 of the Laws of 1892, known as the Excise Law, for selling lager beer without a license.
1Opinion of the Court
Landon, J.:
The Court of Special" Sessions had jurisdiction to hear and determine the offense charged (Code Grim. Proc. § 56, subd. 33), subject to the provisions of sections 57 and 58. These provisions give to the defendant the right to ask that his case be presented to the grand jury, and prescribe the practice upon such request, and proceedings under them may result in ousting the Special Sessions of jurisdiction. Section 58 provides: “When the defendant is brought before the magistrate it shall be the duty of the magistrate *410to inform him of his rights under section 57and this section”…
2Cases cited1 opinion
- People v. CowieNew York Supreme Court · 1895
3Cited by5 opinions
- People ex rel. Kohut v. HendricksonAppellate Division of the Supreme Court of the State of New York · 1937
- People v. BarryAppellate Division of the Supreme Court of the State of New York · 1897
- People v. BarryAppellate Division of the Supreme Court of the State of New York · 1897
- People v. BarryNew York Supreme Court · 1897
- People v. BedientNew York County Court, Schuyler County · 1961