People v. Herbert
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, Oyr Herbert, to dismiss an appeal taken by the People of the State of New York from a determination of the Recorder’s Court of the city of Albany, entered on the'26th day of March, 1912, dismissing the information herein upon the ground of insufficiency.
1Per curiam
The respondent was arrested upon an information which sought to charge him with keeping and maintaining a disorderly house in violation of section 1146 of the Penal Law. Upon his arraignment in the Court of Special Sessions of the city of Albany, held by the recorder of said city, he appeared specially and moved to dismiss the information upon the ground of insufficiency, which motion was granted, and its propriety was thereafter attempted to be raised by this appeal.
As to the merits of the appeal thus taken, we may .say in brief that as the recorder has handed down no opinion, we are at a…
2Cases cited2 opinions
- People of the State of N.Y. v. . DavisNew York Court of Appeals · 1874
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- State v. McEnroeNorth Dakota Supreme Court · 1939
- People v. KahnAppellate Division of the Supreme Court of the State of New York · 1913
- People v. ShenkNew York Court of Special Session · 1913
- People v. KahnAppellate Division of the Supreme Court of the State of New York · 1913