Legal Opinion

People v. Edelstein

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

Decided March 15, 1904PublishedCited by 2 opinions

Appeal by the defendant, Bernard Edelstein, from a judgment of the Court of Special Sessions of the second division of the city of New York, borough of Queens, entered on the 4th day of August, 1903, -convicting the defendant of a violation of section 195 of the Sanitary Code of the city of New York.

1Opinion of the Court

Jenks, J. :

The charge was a violation of section 195 of the Sanitary Code of the city of New York. The defendant was convicted and sentenced to pay a fine of $100, or, in default of payment, to imprisonment for twenty days. The defendant kept a stable,, and the offense proved was that horses therein stamped upon the floor throughout the night.

I am of opinion that the judgment of conviction must be reversed for the reason that the section does not apply. It reads: “ No person owning, occupying or having charge of any stable or other prem*448ises, shall keep or allow thereon or therein any dog or…

2Cases cited1 opinion

  1. Chegaray v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1855

3Cited by2 opinions

  1. State v. DavisUtah Supreme Court · 1919
  2. State v. DavisUtah Supreme Court · 1919

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