Legal Opinion · Dissent
People v. Peck
New York Court of Appeals
Decided December 30, 1959Published
1DissentFuld, J.
I cannot accept the view of the majority that the Legislature has the constitutional power to vest the Magistrates’ Courts of the City of New York with jurisdiction to try misdemeanors.
Section 18 of article VT of our Constitution reads:
“ Courts of special sessions and inferior local courts of similar character shall have such jurisdiction of offenses of the. grade of misdemeanors as may be prescribed by law, and the legislature may authorize them to try such offenses without a jury.” (Emphasis supplied.)
The italicized words were added in 1925. I have always thought that their purpose was…
2Cases cited6 opinions
- People v. PershaecNew York Court of General Session of the Peace · 1939
- People v. GeltmanAppellate Division of the Supreme Court of the State of New York · 1943
- People v. CitarelliAppellate Division of the Supreme Court of the State of New York · 1936
- People v. GeltmanNew York Court of Appeals · 1944
- People v. PrayNew York Court of General Session of the Peace · 1914
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