Legal Opinion

People ex rel. Driscoll v. Bender

New York Supreme Court

Decided November 15, 1913PublishedCited by 4 opinions

Motion to dismiss proceeding for a violation of section 752 (2, 4) of the Penal Law.

1Opinion of the CourtGavegan, J.

The information laid before me charges the defendant with the violation of subdivisions 2 and 4 of section 752 of the Penal Law. So much of that section as applies to this case provides as follows: “ Any person who registers or. attempts to register as an elector knowing that he will not be a qualified voter in the district at the election for which such registration *672is made; or * * * knowingly gives a false residence within the election district when registering as an elector *. * * is guilty of a felony punishable by imprisonment in a state prison for not more than five years.”

The question…

2Cases cited4 opinions

  1. In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
  2. People v. . PlattNew York Court of Appeals · 1889
  3. People v. AcritelliNew York Court of General Session of the Peace · 1908
  4. In re CollinsThe Superior Court of New York City · 1882

3Cited by4 opinions

  1. In re DavyAppellate Division of the Supreme Court of the State of New York · 1952
  2. In re SeymourNew York Surrogate's Court · 1919
  3. Croen v. BoscoNew York Supreme Court · 1956
  4. People v. GoldmackerNew York City Magistrates' Court · 1914

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