People v. Weeks
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William B. Weeks, from a judgment of the Court of Special Sessions of the City of New York, borough of Brooklyn, county of Kings, rendered against him on the 1st day of October, 1914, convicting him of violating section 1530 of the Penal Law and fining him $100.
1Opinion of the Court
Jenks, P. J. :
The defendant concedes that the proof sufficed to establish the crime, but contends that he could not be the convict, in that he was but a salaried employee of the individual owner of the milk and cream business, of which the conduct constituted the public nuisance. The crime is a misdemeanor. (Penal Law, § 1532.) If the defendant committed or participated in the crime, he - could be held as a principal. (Penal Law, § 27. See, too, Lowenstein v. People, 54 Barb. 299; People v. Trainor, 57 App. Div. 422, wherein Lowenstein's Case, supra, is cited.) Hr. Wharton in his Criminal Law…
2Cases cited4 opinions
- Commonwealth v. PattersonMassachusetts Supreme Judicial Court · 1885
- People v. . TaylorNew York Court of Appeals · 1908
- People v. TrainorAppellate Division of the Supreme Court of the State of New York · 1901
- Lowenstein v. PeopleNew York Supreme Court · 1863
3Cited by5 opinions
- People v. KooganAppellate Division of the Supreme Court of the State of New York · 1939
- People v. Gaydica, New York County Courts1923
- People v. HessNew York Court of General Session of the Peace · 1920
- People v. KalmanowitzNew York Magistrate Court · 1951
- People v. SchisselAppellate Division of the Supreme Court of the State of New York · 1948