People v. Chermerhorn
New York County Courts
The appellant was found by the recorder of the1 city of Kingston, after a hearing, to be a “ disorderly person ” and sentenced to imprisonment in the Ulster County Jail for the term of five months. From that judgment this appeal was taken.
1Opinion of the CourtCantine, J.
This appeal involves a conviction as a disorderly person under section 51 of the charter of the city of Kingston. Proceedings taken against disorderly persons are known as special proceedings of a criminal nature and axe governed by title 7, part 6 of the Criminal Code. The magistrate before whom the proceedings are held acts as a magistrate and not as a court of special sessions. The defendant has not the right to a jury trial; and, as the offense charged is not a crime, the defendant has not the right to have his case removed pursuant to sections 56, 57 and 58 of the Code of Criminal…
2Cases cited3 opinions
- People v. IversonAppellate Division of the Supreme Court of the State of New York · 1899
- People Ex Rel. Van Houter v. SadlerNew York Court of Appeals · 1884
- People ex rel. Forster v. Warden of Kings County PenitentiaryNew York Supreme Court · 1903
3Cited by2 opinions
- People v. Lunn, New York County Courts1913
- People v. . DonnellyNew York Court of Appeals · 1922