Legal Opinion

People v. O'Neill

Appellate Division of the Supreme Court of the State of New York

Decided March 1, 1907PublishedCited by 13 opinions

Appeal by tlie defendant, Mary O’Neill, from an order of the County Court of Kings county, entered in the office of the clerk of the county of Kings on the 17th day of December, 1906, dismissing the appeal for lack of jurisdiction.

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Appeal by tlie defendant, Mary O’Neill, from an order of the County Court of Kings county, entered in the office of the clerk of the county of Kings on the 17th day of December, 1906, dismissing the appeal for lack of jurisdiction. An order was made by a single justice of the Court of Special Sessions in the Children’s Court in the borough of Brooklyn committing this appellant, a female child under 16 years of age, to the custody of an institution under section 291 of the Penal Code, on the ground that she did not have proper guardianship (Sub. 2). An appeal therefrom to the County Court of…

1Opinion of the Court

Gaynor, J.:

By the charter of the city of New York a city magistrate may not hold a court of Special Sessions and try misdemeanors as formerly. He may only try, but not as a court, charges,of those lesser things which do not amount to misdemeanors, of which vagrancy, or being a disorderly person, or that a child begs, Or is without proper guardianship, and the like, are examples (Code Cnm. Pro. secs. 887, 899 ; Penal Code, sec. 291). These are not crimes hut only conditions. Such courts of Special Sessions have to be held by justices specially appointed for. that purpose, and three must sit to…

2Cited by13 opinions

  1. People v. Harding, New York County Courts1921
  2. People v. SadowskyNew York Court of Special Session · 1933
  3. People ex rel. Sievers v. McgeeNew York Supreme Court · 1938
  4. People v. FowlerAppellate Division of the Supreme Court of the State of New York · 1915
  5. People v. KenlerNew York City Magistrates' Court · 1945

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