People v. Hovell

Nash, J.:

The appellant herein was convicted by a city magistrate of maintaining and operating a carousel without a license, in violation of chapter 3, article 3, sections 60-62, of the Code of Ordinances of the city of New York. He now contends that the judgment of conviction should be reversed for the reasons that the magistrate erred in denying a motion to dismiss the *165complaint on the ground that the board of aldermen of the city of New York liad no power under the city charter to define acts constituting a misdemeanor; because-the magistrate erred in denying a motion to dismiss the…