People v. Chartoff
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Harry Chartoff and another, from a judgment of the County Court of Orange county in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 14th day of February, 1902, upon the verdict of a jury, convicting the defendant of the crime of keeping a disorderly house, and also from an order denying the defendants’ motion for a new trial.
1Opinion of the Court
Jenks, J.:
I am of opinion that the judgment must be reversed and a new trial ordered. The learned court charged in part as follows: “ In addition to that, gentlemen, these persons are accused of a misdemeanor, as has been said here, and it is undoubtedly said to you, gentlemen, in a cautionary way, because it is a very flagrant thing in the administration of justice that jurors absolutely ignore the fact that they have nothing to do with the gravity of the crime at all and with the punishment of crime, and yet it is a, thing that occurs every time court is held and a case is submitted to a…
2Cases cited2 opinions
- People v. . HelmerNew York Court of Appeals · 1898
- Conners v. WalshNew York Court of Appeals · 1892
3Cited by3 opinions
- People v. JelkeNew York Court of Appeals · 1956
- People v. SantiniAppellate Division of the Supreme Court of the State of New York · 1927
- People v. CippoloneAppellate Division of the Supreme Court of the State of New York · 1984