People on Complaint of Powell v. Oser

CourtNew York Magistrate Court
Citation9 Misc.2d 585,170 N.Y.S.2d 277
Decision Date22 January 1958
PartiesThe PEOPLE of the State of New York on the Complaint of Patrolman John POWELL, v. Philip OSER, Defendant. City Magistrates' Court of the City of New York, Lower Manhattan Summons Court, Borough of Manhattan

Page 277

170 N.Y.S.2d 277
9 Misc.2d 585
The PEOPLE of the State of New York on the Complaint of
Patrolman John POWELL,
v.
Philip OSER, Defendant.
City Magistrates' Court of the City of New York, Lower
Manhattan Summons Court, Borough of Manhattan.
Jan. 22, 1958.

Page 278

Rose L. Weisler, Legal Bureau, Police Dept., New York City, of the City of New York, for the People.

Archibald Palmer, New York City, for defendant.

STEPHEN S. SCOPAS, City Magistrate.

On Sunday, December 15, 1957, a patrolman employed by the City of New York entered the first floor loft occupied by the Reliable Clothing Manufacturers, Inc., located on Fifth Avenue, between 16th and 17th Streets. The complaining officer found only one man on the premises, to wit: the defendant, who was working in the rear of the loft premises, cutting material for a pair of trousers.

[9 Misc.2d 586] The officer further testified that he had not been attracted to the defendant's place of business because of any noise emanating therefrom, nor was there any machinery in operation therein. While there was some confusion as to what happened, the facts can easily be reconstructed from all of the testimony. However, the uncontroverted fact remains that the Reliable Clothing Manufacturers, Inc. is engaged in a wholesale trouser business, and that the defendant is the President of said Corporation.

When the officer first evinced his interest in the purchase of a pair of trousers, the defendant replied, 'No, I do not sell them'. It may be inferred that the officer first received this answer because the defendant's firm does not generally sell to the public, and not because it was Sunday. The complaining officer persisted in his quest for a pair of trousers, and, finally, according to his testimony, the defendant showed him a pair of trousers and asked if they would do. The officer then asked the price, and the defendant replied, '$7.45'. The complaining officer then identified himself and issued a summons.

The officer was confused as to whether he issued the summons for a violation of Section 2147 of the Penal Law (Public Traffic on Sunday) or for a violation of Section 2143 of the Penal Law (Labor prohibited on Sunday). The Police Department maintains that it was for a violation of Section 2147 of the Penal Law.

Page 279

The fact that the defendant was an officer of a corporation does not constitute a bar to his prosecution in the instant case. In People v. Klinger, 164 Misc. 530, 300 N.Y.S....

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6 practice notes
  • People on Complaint of Follar v. Finkelstein
    • United States
    • New York City Court
    • March 27, 1963
    ...Friedman, 302 N.Y. 75, 96 N.E.2d 184, appeal dismissed 341 U.S. 907, 71 S.Ct. 623, 95 L.Ed. 1345; People on Complaint of Powell v. Oser, 9 Misc.2d 585, 170 N.Y.S.2d 277; People v. Kupprat, 6 N.Y.2d 88, 188 N.Y.S.2d 483, 160 N.E.2d 38.) Page 837 The defendant urges 'economic coercion' as a d......
  • State v. Fass, No. A--14
    • United States
    • United States State Supreme Court (New Jersey)
    • November 6, 1961
    ...234 (N.Y.C.P.1855); Batsford v. Every, 44 Barb. 618 (N.Y.Sup.Ct.1865); Eberle v. Mehrbach, 55 N.Y. 682 (Ct.App.1874); People v. Oser, 170 N.Y.S.2d 277 (City Mag.Ct.1958); Harris, op. cit. supra, p. 131; 83 C.J.S. Sunday § 15. Page 116 In Minnesota the statute prohibited public selling and o......
  • Heisler v. Halberstam
    • United States
    • New York City Court
    • February 23, 1973
    ...has resulted in penal prosecution. (People ex rel. Belleci v. Klinger, 164 Misc. 530, 300 N.Y.S. 408; People v. Osser, City Mag.Ct., 170 N.Y.S.2d 277; People v. Smith, Mag.Ct., 74 N.Y.S.2d Upon the basis of the foregoing the monies taken and received by this respondent constitute corporate ......
  • People on Information of Ferguson v. Andob Corp.
    • United States
    • New York County Court
    • July 20, 1960
    ...him to make a sale on Sunday when the defendant had his store open for his own use and the officer walked in on him. People v. Oser, 9 Misc.2d 585, 170 N.Y.S.2d In People v. Welt, 14 Misc.2d 275, 178 N.Y.S.2d 313, the Nassau County Court reversed the judgment of the District Court of the Co......
  • Request a trial to view additional results
6 cases
  • People on Complaint of Follar v. Finkelstein
    • United States
    • New York City Court
    • March 27, 1963
    ...Friedman, 302 N.Y. 75, 96 N.E.2d 184, appeal dismissed 341 U.S. 907, 71 S.Ct. 623, 95 L.Ed. 1345; People on Complaint of Powell v. Oser, 9 Misc.2d 585, 170 N.Y.S.2d 277; People v. Kupprat, 6 N.Y.2d 88, 188 N.Y.S.2d 483, 160 N.E.2d 38.) Page 837 The defendant urges 'economic coercion' as a d......
  • State v. Fass, No. A--14
    • United States
    • United States State Supreme Court (New Jersey)
    • November 6, 1961
    ...234 (N.Y.C.P.1855); Batsford v. Every, 44 Barb. 618 (N.Y.Sup.Ct.1865); Eberle v. Mehrbach, 55 N.Y. 682 (Ct.App.1874); People v. Oser, 170 N.Y.S.2d 277 (City Mag.Ct.1958); Harris, op. cit. supra, p. 131; 83 C.J.S. Sunday § 15. Page 116 In Minnesota the statute prohibited public selling and o......
  • Heisler v. Halberstam
    • United States
    • New York City Court
    • February 23, 1973
    ...has resulted in penal prosecution. (People ex rel. Belleci v. Klinger, 164 Misc. 530, 300 N.Y.S. 408; People v. Osser, City Mag.Ct., 170 N.Y.S.2d 277; People v. Smith, Mag.Ct., 74 N.Y.S.2d Upon the basis of the foregoing the monies taken and received by this respondent constitute corporate ......
  • People on Information of Ferguson v. Andob Corp.
    • United States
    • New York County Court
    • July 20, 1960
    ...him to make a sale on Sunday when the defendant had his store open for his own use and the officer walked in on him. People v. Oser, 9 Misc.2d 585, 170 N.Y.S.2d In People v. Welt, 14 Misc.2d 275, 178 N.Y.S.2d 313, the Nassau County Court reversed the judgment of the District Court of the Co......
  • Request a trial to view additional results

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