Legal Opinion

Matter of McKinney v. Hamilton

New York Court of Appeals

Decided April 16, 1940PublishedCited by 16 opinions

1Opinion of the CourtLewis, J.

We are to determine whether an alleged violation of sections 195 and 196 of the Labor Law (Cons. Laws, ch. 31) and section 1272 of the Penal Law, which require employers of certain types of labor to pay in cash the weekly wages of their employees, is a misdemeanor or a felony.

The petitioner-respondent McKinney was arrested and arraigned before the defendant-appellant Hamilton and pleaded not guilty to an information which charged a violation of section 196 of the Labor Law and section 1272 of the Penal Law in that he and Troy Trap Rock Corporation, of which he is an officer, failed to pay in…

2Cases cited4 opinions

  1. People Ex Rel. Cosgriff v. . CraigNew York Court of Appeals · 1909
  2. People v. BellingerNew York Court of Appeals · 1935
  3. City of Buffalo v. MurphyAppellate Division of the Supreme Court of the State of New York · 1930
  4. People ex rel. Gately v. SageAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by16 opinions

  1. Rankin v. ShankerNew York Court of Appeals · 1968
  2. People v. SafforeNew York Court of Appeals · 1966
  3. United States v. GarciaUnited States Court of Military Appeals · 1954
  4. People v. Collins, New York County Courts1965
  5. In Re Jersey City Education Assoc.New Jersey Superior Court Appellate Division · 1971

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