Legal Opinion

People v. Cleary

Utica City Court

Decided August 27, 1943PublishedCited by 3 opinions

1Opinion of the CourtWalsh, J.

The defendant in the above-entitled matter is charged with a violation of section 1221 of the Penal Law .(public intoxication). The allegations are to the effect that on August 21, 1943, defendant “ wrongfully became, and then and there was, intoxicated, in a public place, to wit: in State street, in said city.”

Defendant has served a written demand for a jury trial.

Section 56-a of the Code of Criminal Procedure vests exclusive jurisdiction in courts of special sessions over the violation of section 1221 of the Penal Law. “ Courts of special sessions shall have exclusive jurisdiction to try…

2Cases cited6 opinions

  1. People v. GroganNew York Court of Appeals · 1932
  2. People Ex Rel. Murray v. Justices of Court of Special Sessions of PeaceNew York Court of Appeals · 1878
  3. Cooley v. WilderAppellate Division of the Supreme Court of the State of New York · 1932
  4. People ex rel. Borowiak v. HuntAppellate Division of the Supreme Court of the State of New York · 1913
  5. People v. MurphyNew York Court of Appeals · 1942

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. People v. Bevilacqua, New York County Courts1958
  2. Goodstein v. Chalfonte Hotel Corp.New York Supreme Court · 1950
  3. People v. ScifoCriminal Court of the City of New York · 1963

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