People ex rel. Kipper v. Ellinger

The question we must determine on this appeal is whether the amendment to section 183 of the Second Class Cities Law by chapter 83 of the Laws of 1933, effective March 22, 1933, which gives Police Courts exclusive jurisdiction of misdemeanors, applies to the City Court of Utica. The grand jury of the county of Oneida sitting in Supreme Court indicted relator upon a charge of “ being a common gambler, to wit, a misdemeanor in violation of section 970 of the Penal Law * * * at the City of Utica, in this county.” This is an appeal from an order dismissing his writ of habeas corpus in which he…