People v. Coney Island Jockey Club
New York Supreme Court
Motion to dismiss indictments on the ground that the apportionment act of 1907 (chap. 727) was unconstitutional, and that chapter 507 of the Laws of 1908, for the violation of which the indictments were found, having been passed by the Senate by a vote of twenty-six to twenty-five, did not receive a majority vote and was invalid for the following reasons: First, because said apportionment act was passed at an extraordinary and not a regular session of the Legislature;…
Read the full summary
Motion to dismiss indictments on the ground that the apportionment act of 1907 (chap. 727) was unconstitutional, and that chapter 507 of the Laws of 1908, for the violation of which the indictments were found, having been passed by the Senate by a vote of twenty-six to twenty-five, did not receive a majority vote and was invalid for the following reasons: First, because said apportionment act was passed at an extraordinary and not a regular session of the Legislature; second, because it violated the constitutional rights of certain counties in the apportionment which it effected; third,…
1Opinion of the CourtAspinall, J.
In the month of September, 1909, the grand jury of the county of Kings returned to the County Court of Kings county twelve indictments, which were subsequently transferred to this court for trial:
Ten of these indictments were for bookmaking and two for conspiracy.
The above-named defendants have interposed certain objections to the same, and I am called upon to decide three motions :
First, a motion to dismiss all the indictments.
Second, a motion demurring to each indictment, .and
Third, an application to inspect the minutes of the grand jury.
These questions will be considered by me in the…
2Cited by2 opinions
- People v. TavorminaNew York Court of Appeals · 1931
- People v. Posnansky, New York County Courts1914