People on Complaint of Jackson v. Schildhaus

CourtNew York Magistrate Court
Citation169 N.Y.S.2d 693,8 Misc.2d 8
PartiesPEOPLE of The State of New York on the Complaint of Rosa JACKSON v. Arnold SCHILDHAUS, Defendant. City Magistrates' Court of City of New York, Manhattan Arrest Court, Borough of Manhattan
Decision Date30 July 1957

Page 693

169 N.Y.S.2d 693
8 Misc.2d 8
PEOPLE of The State of New York on the Complaint of Rosa JACKSON
v.
Arnold SCHILDHAUS, Defendant.
City Magistrates' Court of City of New York, Manhattan
Arrest Court, Borough of Manhattan.
July 30, 1957.

Peter C. Murray (Kenneth L. Shorter, of counsel), for the complaining witness, Rosa Jackson.

Herbert S. Seigal, New York City, for the defendant.

Arnold Schildhaus, pro se.

ROBERT F. MAHONEY, City Magistrate.

The defendant is charged in the usual form of affidavit of complaint with a violation of section 2040 of the Penal Law of the State of New York. The affidavit of complaint is signed by a tenant against the defendant 'as agent of the landlord'. A violation of that section had been a misdemeanor malum in se, until the Legislature of [8 Misc.2d 9] 1954 reduced it to that of an offense and changed the penalty for its violation from a fine of $500 or one year imprisonment or both, to a fine of $50 or six months' imprisonment or probation or all. Laws 1954, ch. 733. However, the

Page 694

language of the section when it was a misdemeanor malum in se, remains unchanged under its new designation of an offense. The technical proof required by that language, the court is well aware, makes it practically an impossibility for a tenant, as a People's witness, to prove a charge, for instance, of failure of a landlord, or agent of his property, to supply heat as legally required. The helplessness in a trial of the tenant signing such an affidavit of complaint, invariably a layman, as here, is frequently experienced by the court.

When a violation of section 2040 of the Penal Law was a misdemeanor, the District Attorney of the County was obliged to file and prosecute an information in the Court of Special Sessions, sec. 37, Code of Criminal Procedure. That court had sole jurisdiction of an information predicated upon a violation of section 2040 of the Penal Law, § 31, Code of Criminal Procedure.

A tenant's helplessness as a complaining witness along with the District Attorney's obligation to appear and prosecute misdemeanors on behalf of the 'People of the State of New York', is referred to by reason of the citation by the parties hereto, of my opinion in the case of People on Complaint of Kohler v. Scharer, 1945, 185 Misc. 616, 58 N.Y.S.2d 87. There, a duly sworn Federal prosecuting officer presented the case of the violation of a Federal Office of Price Administration regulation, made the law of the State...

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2 practice notes
  • People on Complaint of Allen v. Citadel Management Co., Inc.
    • United States
    • New York City Court
    • 24 d5 Maio d5 1974
    ...held to the contrary. See People v. Rodgers, 205 Misc. 1106, 131 N.Y.S.2d 622 (Schenectady County Ct., 1954), and People v. Schildhaus, 8 Misc.2d 8, 169 N.Y.S. 693 (City Magistrate's Ct. of N.Y., 1957). In People v. Halbreich, 18 Misc.2d 473, 186 N.Y.S.2d 689 (Ct. of Special Sessions of Cit......
  • State v. Vaughner, No. A-59
    • United States
    • New Jersey Superior Court – Appellate Division
    • 5 d1 Novembro d1 1962
    ...irregularity she actively and knowingly participated in at trial. Defendant relies upon People, on the complaint of Jackson v. Schildhaus, 8 Misc.2d 8, 169 N.Y.S.2d 693 (Mag.Ct.N.Y.C.1957.) That case is distinguishable from the present one because therein defendant at the trial objected to ......
2 cases
  • People on Complaint of Allen v. Citadel Management Co., Inc.
    • United States
    • New York City Court
    • 24 d5 Maio d5 1974
    ...held to the contrary. See People v. Rodgers, 205 Misc. 1106, 131 N.Y.S.2d 622 (Schenectady County Ct., 1954), and People v. Schildhaus, 8 Misc.2d 8, 169 N.Y.S. 693 (City Magistrate's Ct. of N.Y., 1957). In People v. Halbreich, 18 Misc.2d 473, 186 N.Y.S.2d 689 (Ct. of Special Sessions of Cit......
  • State v. Vaughner, No. A-59
    • United States
    • New Jersey Superior Court – Appellate Division
    • 5 d1 Novembro d1 1962
    ...irregularity she actively and knowingly participated in at trial. Defendant relies upon People, on the complaint of Jackson v. Schildhaus, 8 Misc.2d 8, 169 N.Y.S.2d 693 (Mag.Ct.N.Y.C.1957.) That case is distinguishable from the present one because therein defendant at the trial objected to ......

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