People v. Brous
| Decision Date | 15 May 1947 |
| Citation | 296 N.Y. 1028,73 N.E.2d 905 |
| Parties | PEOPLE, Respondent v. Morty BROUS, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from County Court, Nassau County.
Morty Brous was convicted in the District Court of Nassau County of knowingly permitting premises to be used for gambling in violation of section 986 of the Penal Law, Consol. Laws, c. 40. He was sentenced to serve a term of six months in the Nassau County jail and to pay a fine of $500. A certificate of reasonable doubt was granted the defendant by Justice Cortland A. Johnson, sitting in the Supreme Court, Special Term, Part II, Mineola, New York, 186 Misc. 593, 64 N.Y.S.2d 33. Bail was fixed in the sum of $2500 and defendant was released pending determination of an appeal to the county court. The judgment was affirmed by the county court and the sentence was modified by reducing the jail term to 30 days. Permission to appeal to the Court of Appeals was granted by Judge Conway.
On appeal defendant contended that the information was fatally defective and that the court was without jurisdiction to cause defendant's arrest or bring him to trial, that the People failed to negative and prove the exceptions under which the doing of the acts complained of was lawful, that the trial court erred in permitting the People over objection to reopen their case and offer proof to show that the premises were not located within the confines of any race track and that the court erred in admitting telephone conversations recorded on 22 separate cylinders overheard through a connecting instrument without proof as to the identity of the voices. The defect in the information urged was that it appeared that it was made on the positive knowledge of the informant, whereas the informant had no such knowledge.
Judgment affirmed. Thomas R. Fay, of Mineola (David R. Siegel, of Mineola, of counsel), for appellant.
James N. Gehrig, Dist. Atty., of Hempstead, and Philip Huntington, Asst. Dist. Atty., of Glen Cove, for respondent.
Judgment affirmed.
All concur.
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People v. Scott
... ... It is well settled that by such a plea he waives his objection to the form of the information, or where it is based on information and belief without disclosing[143 N.E.2d 904] the source thereof (e. g., People v. Brous, 296 N.Y. 1028, 73 N.E.2d 905; People ex rel. Brown v. Baker, 284 App.Div. 106, 107, 130 N.Y.S2d 474, 475; People v. Costello, 182 App.Div. 341, 170 N.Y.S. 341; People v. Chambers, 189 Misc. 502, 74 N.Y.S.2d 293; People ex rel. Travis v. Daniels, 182 Misc. 856, 44 N.Y.S.2d 700; People v. Sly, 180 ... ...
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People v. Madnick
... ... It is well settled that by such a plea he waives his objection to the form of the information, or where it is based on information and belief without disclosing the source thereof (e. g., People v. Brous, 296 N.Y. 1028, 73 N.E.2d 905; People ex rel. Brown v. Baker, 284 App.Div. 106, 107, 130 N.Y.S.2d 474, 475; People v. Costello, 182 App.Div. 341, 170 N.Y.S. 341; People v. Chambers, 189 Misc. 502, 74 N.Y.S.2d 293; People ex rel. Travis v. Daniels, 182 Misc. 856, 44 N.Y.S.2d 700; People v. Sly, 180 ... ...
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People v. Iannone
... ... Scott, 3 N.Y.2d 148, 164 N.Y.S.2d 707, 143 N.E.2d 901), it is equally true that not every defect in an indictment is a jurisdictional defect for these purposes (see e. g., People v. Brous, 296 N.Y. 1028, 73 N.E.2d 905) ... In essence, an indictment is jurisdictionally defective only if it does not effectively charge the defendant with the commission of a particular crime. For example, an indictment will be jurisdictionally defective if the acts it accuses defendant of ... ...
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People v. Carney
... ... No objection having been raised in the Court of Special Sessions, the people contend that those cases holding that a plea of guilty waives defects in an information are applicable. See People v. Brous, 296 N.Y. 1028, 73 N.E.2d 905; People v. Belcher, 302 N.Y. 529, 99 N.E.2d 874; People v ... Fosella, 304 N.Y. 667, 107 N.E.2d 591; and People v. Scott, 3 N.Y.2d 148, 164 N.Y.S.2d 707, 143 N.E.2d 901 ... Conversely, defendant contends that the ruling in the James case necessarily ... ...