People on Complaint of Palmer v. Miller

CourtNew York Magistrate Court
Citation221 N.Y.S.2d 430,31 Misc.2d 1067
Decision Date26 October 1961
PartiesPEOPLE of the State of New York, on the Complaint of Ervin PALMER, v. Dana MILLER, Defendant. City Magistrate's Court of City of New York

Page 430

221 N.Y.S.2d 430
31 Misc.2d 1067
PEOPLE of the State of New York, on the Complaint of Ervin PALMER,
v.
Dana MILLER, Defendant.
City Magistrate's Court of City of New York.
Oct. 26, 1961.

Page 431

Sanders & Linhardt, New York City, for defendant.

Paskus, Gordon & Hyman, New York City, Daniel Rosenbloom, New York City, of counsel, for the People.

MORRIS WEINFELD, City Magistrate.

On March 28, 1961, the complainant, Ervin Palmer, delivered his dog to an establishment operated under the corporate name of Poodles By Dana, Inc., at 78th Street and Second Avenue, in the City, County and State of New York, for washing and cleaning.

It appears that there was negligence by an employee of this corporation in grooming complainant's dog, but there is no evidence that defendant personally ministered to the animal or personally contributed to the injuries apparently suffered when drying apparatus was unduly left unattended, causing burns and regrettable injuries.

Apparently, criminal liability is sought to be imputed to defendant for the reason that she is an officer of the corporation referred to and serves it in a supervisory capacity.

No charge is made against the corporate owner of the establishment, although a corporation, under modern concepts, is criminally

Page 432

answerable for both acts of nonfeasance and misfeasance. New York Cent. & H. R. R. Co. v. United States, 212 U.S. 481, 29 S.Ct. 304, 53 L.Ed. 613; People v. New York, N. H. & H. R. Co., 89 N.Y. 266; People v. Star Co., 135 App.Div. 517, 120 N.Y.S. 498; People v. Dunbar Contracting Co., 165 App.Div. 59, 151 N.Y.S. 164, affirmed 215 N.Y. 416, 109 N.E. 554. The [31 Misc.2d 1068] cited authorities establish that a corporation may commit a crime where a specific intent or mental state is a necessary element . That is also the law in most foreign jurisdictions (see Tennessee: Louisville & N. R. Co. v. State, 3 Head 523; Love v. Nashville Agricultural & Normal Institute, 146 Tenn. 550, 243 S.W. 304, 23 A.L.R. 887; New Jersey: State v. Pennsylvania R. Co., 84 N.J.L. 550, 87 A. 86; Massachusetts: Telegram Newspaper Co. v. Com., 172 Mass. 294, 52 N.E. 445; Michigan, Detroit & B. Plank Road Co. v. Detroit, Citizen's St. Ry. Co., 97 Mich. 583, 56 N.W. 940.

The summons herein stems from the alleged violation of Sec. 185 of the Penal Law, which prescribes as a misdemeanor certain specified maltreatment of animals.

The pivotal inquiries here relate to whether the acts of other...

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3 practice notes
  • People v. Lenti
    • United States
    • New York County Court
    • September 24, 1964
    ...of Section 1030 of the Penal Law). See also Grossman v. Baumgartner, 40 Misc.2d 221, 242 N.Y.S.2d 910, at 917 (1963); People v. Miller, 31 Misc.2d 1067, 221 N.Y.S.2d 430, at 432 (1961). It would have been an impossible task if the legislature and [44 Misc.2d 122] attempted to define hazing ......
  • People v. Atkins
    • United States
    • New York City Court
    • January 11, 1974
    ...Lewis Egg Products, 197 Misc. 212, 93 N.Y.S.2d 453. And as stated by City Magistrate Morris Weinfeld in People ex rel. Palmer v. Miller, 31 Misc.2d 1067, 221 N.Y.S.2d '. . . the power to eliminate mental intent or consciousness of wrongdoing is valid when applied to situations and laws resp......
  • People v. Rohrlich
    • United States
    • New York County Court
    • January 5, 1962
    ...300 N.Y. 69; Morhous v. Supreme Court, 293 N.Y. 131, 56 N.E.2d 79; Napue v. Illinois, 360 U.S. 264, 79 S.Ct. 1173, 3 L.Ed.2d 1217). [31 Misc.2d 1067] I find that the petitioner has failed to meet the standard of proof that any witness had testified falsely against him or that the District A......
3 cases
  • People v. Lenti
    • United States
    • New York County Court
    • September 24, 1964
    ...of Section 1030 of the Penal Law). See also Grossman v. Baumgartner, 40 Misc.2d 221, 242 N.Y.S.2d 910, at 917 (1963); People v. Miller, 31 Misc.2d 1067, 221 N.Y.S.2d 430, at 432 (1961). It would have been an impossible task if the legislature and [44 Misc.2d 122] attempted to define hazing ......
  • People v. Atkins
    • United States
    • New York City Court
    • January 11, 1974
    ...Lewis Egg Products, 197 Misc. 212, 93 N.Y.S.2d 453. And as stated by City Magistrate Morris Weinfeld in People ex rel. Palmer v. Miller, 31 Misc.2d 1067, 221 N.Y.S.2d '. . . the power to eliminate mental intent or consciousness of wrongdoing is valid when applied to situations and laws resp......
  • People v. Rohrlich
    • United States
    • New York County Court
    • January 5, 1962
    ...300 N.Y. 69; Morhous v. Supreme Court, 293 N.Y. 131, 56 N.E.2d 79; Napue v. Illinois, 360 U.S. 264, 79 S.Ct. 1173, 3 L.Ed.2d 1217). [31 Misc.2d 1067] I find that the petitioner has failed to meet the standard of proof that any witness had testified falsely against him or that the District A......

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