Legal Opinion

People v. D. H. Ahrend Co.

New York Court of Appeals

Decided December 31, 1954PublishedCited by 14 opinions

1Per curiam

If this appellant, who was not only an officer, but the sole active manager and actual owner of this corporation, did not “ knowingly permit ” his corporation to fail to pay its workmen’s wages, then it is hard to see how anyone could, as an officer, violate section 1272 of the Penal Law. “ Knowingly ” (see Penal Law, § 3, subd. 4) means merely a knowledge of the existence of the facts constituting the crime. To “ permit ” means to allow to happen, to fail to prevent (see Cowley v. People, 83 N. Y. 464; People ex rel. Price v. Sheffield Farms Co., 225 N. Y. 25, 31). Certainly, defendant knew…

2Cases cited2 opinions

  1. People Ex Rel. Price v. Sheffield Farms-Slawson-Decker Co.New York Court of Appeals · 1918
  2. Cowley v. . People of the State of New YorkNew York Court of Appeals · 1881

3Cited by14 opinions

  1. Freitas v. Geddes Savings & Loan Ass'nNew York Court of Appeals · 1984
  2. Goldstein v. ManganoCivil Court of the City of New York · 1978
  3. State v. CarpenterSupreme Court of Vermont · 1980
  4. People v. ShapiroNew York Court of Appeals · 1958
  5. People v. TrappNew York Court of Appeals · 1967

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