People v. Caiden
| Decision Date | 25 October 1956 |
| Parties | The PEOPLE of the State of New York v. Reuben CAIDEN, Defendant. |
| Court | New York Court of Special Sessions |
Peter Campbell Brown, Corp. Counsel of the City of New York, New York City (Elias Low, New York City, of counsel), for the People.
Schur, Handler & Jaffin, New York City (Jerome Handler and Herbert Feiler, New York City, of counsel), for defendant.
Defendant has made a motion to dismiss the present informations (Index No. 7687, 1955, and Index No. 10283, 1955) on the ground that the defendant was heretofore tried and acquitted, and, if tried again, he would be twice put in jeopardy. The motion was denied on the argument of the same. Memoranda in connection therewith have since been submitted by both sides, and, considering this motion as reargued, the court adheres to its former decision.
The defendant is the president of 308 West 82nd Street Corporation, the owner of premises located at No. 308 West Eighty-second street, Borough of Manhattan, City and County of New York. In 1952, Selkirk Holding Corporation was the lessee and managed the entire aforesaid premises, and in sole control thereof. In 1954, the lease held by the Selkirk Holding Corporation expired and, from its expiration date, the owner, 308 West 82nd Street Corporation, has been managing and in control of said premises.
In 1951, an information was filed against Selkirk Holding Corporation (Index No. 12971, 1951). In 1952, an information was filed against 308 West 82nd Street Corporation (Index No. 5657, 1952) and an information was filed against Reuben Caiden (Index No. 5656, 1952). All three informations alleged violations of the Multiple Dwelling Law affecting the aforesaid premises.
On October 13, 1953, the three cases appeared on the calendar of this court for trial, bearing calendar Nos. 25, 26 and 28. Upon the call of the calendar, cases 25 and 26, involving the corporate defendants only, were tried. At the conclusion of the trial on these two informations, they were adjourned to October 27, 1953, in order to permit counsel to file briefs, and the information, bearing calendar No. 28 against the defendant, Reuben Caiden, was also adjourned to the same date for all purposes. These cases did subsequently appear on the calendar of this court for October 27, 1953, as follows: People v. Selkirk Holding Corporation (No. 25 on the calendar of October 13, 1953) as calendar No. 17, People v. 308 West 82d Street Corporation (No. 26 on the calendar of October 13, 1953) as calendar No. 18, People v. Caiden (No. 28 on the calendar of October 13, 1953) as calendar No. 19.
On October 27, 1953, the court rendered its decision as follows:
In 1955, an information dated May 3 was filed (Index No. 7687, 1955) and, thereafter, another information dated July 11 was filed (Index No. 10283, 1955), both against Reuben Caiden, the defendant herein. The latter two informations allege various infractions of the Multiple Dwelling Law, some of which were included in the earlier information filed against this defendant under Index No. 5656-1952. The present motion to dismiss is directed to these latter informations.
Article I, section 6 of the Constitution of this state provides that: 'No person shall be subject to be twice put in jeopardy for the same offense' and section 9 of the Code of Criminal Procedure provides: 'No person can be subjected to a second prosecution for a crime for which he has once been prosecuted, and duly convicted or acquitted.'
The failure to comply with a violation filed pursuant to the provisions of the Multiple Dwelling Law is, under section 304 thereof, a misdemeanor, and under Penal Law, § 2, is a 'crime' or...
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