Legal Opinion

People v. Ashley

Appellate Division of the Supreme Court of the State of New York

Decided October 25, 1918PublishedCited by 7 opinions

Appeal by the defendant, Alice I. Ashley, from an order of the County Court of Kings county, entered in the office of the clerk of said county on the 10th day of December, 1917, affirming the finding of a city magistrate adjudging defendant to be a disorderly person, under section 899, subdivision 3, of the Code of Criminal Procedure, and requiring her to give security for good behavior.

1Opinion of the Court

Kelly, J.:

The Code of Criminal Procedure provides in section 899: “ The following are disorderly persons: * * * 3. Persons pretending to tell fortunes,” and it is provided in section *521901* that if the magistrate is satisfied that the accused is a disorderly person, he may require that the person charged give security that he will be of good behavior for the space of one year, and in section 902, if the security is given the defendant must be discharged, otherwise he must be convicted, and (§ 903) committed to the city prison or penitentiary for not exceeding six months at hard labor or…

2Cases cited3 opinions

  1. Reynolds v. United StatesSupreme Court of the United States · 1879
  2. People v. . PiersonNew York Court of Appeals · 1903
  3. People v. MalcolmNew York Court of General Session of the Peace · 1915

3Cited by7 opinions

  1. Mitchell v. City of BirminghamSupreme Court of Alabama · 1931
  2. Meyer v. StateNebraska Supreme Court · 1922
  3. In re CurrenceNew York City Family Court · 1963
  4. In re the Estate of StortsNew York Surrogate's Court · 1931
  5. People v. BallardAppellate Division of the Supreme Court of the State of New York · 1988

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