People v. Levenstein

The City Court of the City of Ogdensburg, St. Lawrence County, sustained a demurrer and dismissed an information charging defendant with a violation of section 1272 of the Penal Law (failing to pay wages). On appeal to the County Court the appeal was in effect dismissed on the ground that there is no statutory right of appeal, under section 518 of the Code of Criminal Procedure, from such an order. Leave to appeal was granted by a Justice of the Appellate Division, Third Department, who submitted the following question: “ 1. Was the order of the City Court of the City of Ogdensburg sustaining…