Legal Opinion
People v. Cooper
Appellate Division of the Supreme Court of the State of New York
Decided March 3, 1922PublishedCited by 14 opinions
Appeal by the defendant, Harry Cooper, from a judgment of the Court of Special Sessions of the City of New York", Borough of Brooklyn, rendered on the 13th day of June, 1921, convicting him of the crime of maintaining a public nuisance, and also from an order of said court made on the 17th day of June, 1921, directing him to abate the nuisance in thirty days, and further directing that, in case of his default, the sheriff of the county of Kings abate the nuisance forthwith..
1Opinion of the Court
Kelly, J.:
It is provided in the Penal Law:
“ § 1530. Public nuisance defined. A ‘ public nuisance ’ is a crime against the order and economy of the State, and consists in unlawfully doing an act, or omitting to perform a duty, which act or omission:
“ 1. Annoys, injures or endangers the comfort, repose, health or safety of any considerable number of persons; or,
“ 2. Offends public decency; or,
“ 3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, a lake, or a navigable river, bay, stream, canal or basin, or a stream, creek or other body of water…
2Cases cited4 opinions
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
- Ackerman v. . TrueNew York Court of Appeals · 1903
- People v. Kings County Iron FoundryNew York Court of Appeals · 1913
- People v. Transit Development Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by14 opinions
- United States v. LaffalDistrict of Columbia Court of Appeals · 1951
- People v. KlingerNew York City Magistrates' Court · 1937
- Findley Lake Property Owners, Inc. v. Town of MinaNew York Supreme Court · 1956
- People v. TendetnickAppellate Division of the Supreme Court of the State of New York · 1932
- People v. DurchCriminal Court of the City of New York · 1988
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