Legal Opinion

People v. Chermerhorn

New York County Courts

Decided April 15, 1908PublishedCited by 2 opinions

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

  1. People v. IversonAppellate Division of the Supreme Court of the State of New York · 1899
  2. People Ex Rel. Van Houter v. SadlerNew York Court of Appeals · 1884
  3. People ex rel. Forster v. Warden of Kings County PenitentiaryNew York Supreme Court · 1903

3Cited by2 opinions

  1. People v. Lunn, New York County Courts1913
  2. People v. . DonnellyNew York Court of Appeals · 1922

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