People v. Fuerst
New York Court of Sessions, Queens County
Appeal from judgment convicting defendant of being a disorderly person.
1Opinion of the CourtGarretson, J.
This is not a criminal action, but a special proceeding of a criminal nature. Part VI, Code Grim. Proc., and designation in first line thereunder; People ex rel. Scherer v. Walsh, 33 Hun, 346.
The police justice acts as an officer or magistrate, and not as a court, Id.; Code Grim. Proc. § 900.
The defendant has a right of appeal to this court from the judgment upon conviction. Id. §§ 515, 749, as amended by chap. 372, Laws 1884.
The case of Scherer v. Walsh, supra, decided in September, 1884, overlooked the amendment of 1884, above cited.
After careful examination of the books, we fail to find…
2Cases cited2 opinions
- People Ex Rel. Van Houter v. SadlerNew York Court of Appeals · 1884
- People v. ToddNew York Supreme Court · 1889
3Cited by8 opinions
- Goodwill Advertising Co. v. State Liquor AuthorityNew York Supreme Court · 1962
- People v. TurnerCriminal Court of the City of New York · 1995
- People v. HuntCriminal Court of the City of New York · 1994
- People v. McCarthyNew York Supreme Court · 1947
- People v. Li Ai HuaCriminal Court of the City of New York · 2009
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