People ex rel. Dembinsky v. Fox
Appellate Division of the Supreme Court of the State of New York
Appeal by the People of the State of New York from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of October, 1917, sustaining a writ of habeas corpus and remanding the relator to the Court of Special Sessions of the City of New York for resentence.
1Opinion of the Court
Page, J. i
On September 21, 1917, the relator was convicted upon a trial before a city magistrate sitting as a Court of Special Sessions of the City of New York of a misdemeanor, cruelty to animals. He was sentenced to pay a fine of $100, and in default thereof to stand committed to the city prison for twenty days. The learned justice at Special Term has sustained the contention of the relator that the court has power to sentence the relator to pay a fine not to exceed fifty dollars, or to imprisonment not to exceed six months, or both, as provided in section 717 of the Code of Criminal…
2Cases cited2 opinions
- Deuel v. GaynorAppellate Division of the Supreme Court of the State of New York · 1910
- People v. SellaroAppellate Division of the Supreme Court of the State of New York · 1917
3Cited by7 opinions
- People v. CitarelliAppellate Division of the Supreme Court of the State of New York · 1936
- Mosner v. HaddockNew York Supreme Court · 1944
- People v. MosesCriminal Court of the City of New York · 1968
- People v. ScifoCriminal Court of the City of New York · 1963
- Dodge v. Supreme CourtAppellate Division of the Supreme Court of the State of New York · 1936
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