Allen v. City Court

Petitioner seeks an order pursuant to article 78 of the Civil Practice Act prohibiting the City Court of Ithaca, New York from pronouncing sentence upon him after the acting City Judge had found him guilty of the offense of disorderly conduct in violation of section 722 of the Penal Law. Petitioner claims he had already once been placed in jeopardy for the same offense and acquitted by a jury.

On August 4, 1961, a written information was filed against petitioner accusing him of the offense of disorderly conduct as follows: “On the 28th day of July, 1961 * * * did * * * violate the provisions…