Legal Opinion

People v. Mulner's Tavern, Inc.

New York County Courts

Decided October 28, 1935PublishedCited by 4 opinions

1Opinion of the CourtHawkins, J.

This is a reargument of the motion to vacate the certificate of conviction which convicted the defendant of a violation of ordinance No. 12 of the village of Russell Gardens in relation to disturbance of the peace by unusual or improper noise, etc., constituting disorderly conduct.

The law seems clearly settled by the cases cited that a police justice may act in and his jurisdiction only extends to matters within the village limits. Having acted here outside the village, the conviction was a nullity.

Section 182 of the Village Law provides: “ The police justice of a village may hold a court of…

2Cases cited2 opinions

  1. People Ex Rel. Battista v. ChristianNew York Court of Appeals · 1928
  2. People v. Chmielewski, New York County Courts1934

3Cited by4 opinions

  1. People v. Hart, New York County Courts1954
  2. People v. HarmorNew York Supreme Court · 1945
  3. People v. RobertoSuffolk County District Court · 1970
  4. Dorgan v. MercerNew York Supreme Court · 1941

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