City of New Rochelle v. Beckwith
New York Court of Appeals
The court had no authority to impose the sentence which it did. (People ex rel. Stokes v. Riseley, 38 Hun, 280; People v. Garter, 48 Hun, 165; People ex rel. Kane v. Sloane, 98 App. Div. 450; People ex rel. Devoe v. Kelly, 97 N. Y. 212; People v. Bork, 96 N. Y, 188; People ex rel. Tweed v. Lipscomb, 60 N. Y. 559; Polinsky v. People, 73 N. Y. 65; People v. Budd, 117 N. Y. 1; Penal Law, § 22; People v. Knapp, 206 N. Y. 373; People v. McCann, 151 Mise.
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The court had no authority to impose the sentence which it did. (People ex rel. Stokes v. Riseley, 38 Hun, 280; People v. Garter, 48 Hun, 165; People ex rel. Kane v. Sloane, 98 App. Div. 450; People ex rel. Devoe v. Kelly, 97 N. Y. 212; People v. Bork, 96 N. Y, 188; People ex rel. Tweed v. Lipscomb, 60 N. Y. 559; Polinsky v. People, 73 N. Y. 65; People v. Budd, 117 N. Y. 1; Penal Law, § 22; People v. Knapp, 206 N. Y. 373; People v. McCann, 151 Mise. Rep. 792; People v. McCarthy, 121 Mise. Rep. 56; People ex rel. Price v. Sheffield Farms Co., 225 N. Y. 25; City of Brooklyn v. Nassau Electric…
1Opinion of the Court
The defendants have been charged with a violation of the zoning ordinance of the city of New Rochelle “ on the 2nd day of July, 1933, and on subsequent days to and including the 23rd day of July, 1933.” The complaint against them was made on information and belief by a resident of the city. After trial in the City Court of New Rochelle they were convicted and each defendant was fined the sum of $750. Upon this appeal the defendants urge that the zoning ordinance is, as construed in the courts below, unreasonable, and an unconstitutional deprivation of their property. They urge further that…
2Cited by16 opinions
- Town of Lincoln v. CournoyerSupreme Court of Rhode Island · 1962
- Slezak v. OusdigianSupreme Court of Minnesota · 1961
- McCarter v. BeckwithAppellate Division of the Supreme Court of the State of New York · 1936
- Carpenter v. GrabAppellate Division of the Supreme Court of the State of New York · 1939
- Cook v. James E. Griffith, Inc.District of Columbia Court of Appeals · 1963
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