People v. . Dempsey
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 7, 1917, which reversed a judgment of the Kings County Court rendered upon a verdict convicting the defendant of the crime of failure to obey an order of the Public Service Commission, and directed a dismissal of the indictment. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 7, 1917, which reversed a judgment of the Kings County Court rendered upon a verdict convicting the defendant of the crime of failure to obey an order of the Public Service Commission, and directed a dismissal of the indictment. The facts, so far as material, are stated in the opinion. The Appellate Division was in error in reversing the judgment below on the ground that the defendant was not such officer and agent as came within the legislative intent under the statute.…
1Opinion of the Court
Hogan, J.:
The respondent was indicted, tried and convicted for a misdemeanor, for failure to obey, observe and comply with an order of the Public Service Commission made on the 6th day of , February, 1912, and having aided and abetted a common carrier, the Brooklyn Union Elevated Company, in its failure to obey, observe and comply with said order. ■ The crime was charged to have been1 committed May 19, 1915. A copy of the order-made by the Public Service Commission was attached to and made part of the indictment, and so far as material is as follows:
“ Ordered, that said Brooklyn. Union…
2Cases cited3 opinions
- People v. . DumarNew York Court of Appeals · 1887
- People v. . CorbalisNew York Court of Appeals · 1904
- People v. WhitridgeAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- People v. McCueAppellate Division of the Supreme Court of the State of New York · 1938