Legal Opinion

People v. Wein

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1921PublishedCited by 5 opinions

Appeal by the defendants, Charles Wein and another, from an order of the County Court of the county of Westchester, entered in the office of the clerk of said county on the 8th day of December, 1919, affirming a judgment of a Court of Special Sessions before Malcom Merritt, assistant police justice of the village of Port Chester, rendered on'the 14th day of August, 1919, convicting the defendants of the crime of disorderly conduct and fining each five dollars.

1Opinion of the Court

Putnam, J.:

The information charged defendants with the crime of assault in the third degree. The justice (sitting as a Court of Special Sessions) at the close dismissed the charge of assault, but found defendants guilty of disorderly conduct, and imposed a fine.

Defendants have raised the point that disorderly conduct is not a degree of assault, but is a separate and distinct offense, and not a crime necessarily included in that charged in the information. (See People v. Adams, 52 Mich. 24.)

Assault in the third degree is committing an assault not amounting to assault in the first or second…

2Cases cited5 opinions

  1. People v. MillerAppellate Division of the Supreme Court of the State of New York · 1911
  2. People v. . MillerNew York Court of Appeals · 1911
  3. Shappee v. CurtisAppellate Division of the Supreme Court of the State of New York · 1911
  4. People v. AdamsMichigan Supreme Court · 1883
  5. People v. ColburnAppellate Division of the Supreme Court of the State of New York · 1914

3Cited by5 opinions

  1. People v. MoyerNew York Court of Appeals · 1970
  2. United States Ex Rel. Valenti v. KarmuthDistrict Court, N.D. New York · 1932
  3. People v. Lavopa, New York County Courts1950
  4. People v. MartiniCriminal Court of the City of New York · 1970
  5. People v. BakerAppellate Terms of the Supreme Court of New York · 1967

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