People v. Doyle

CourtNew York County Court
Writing for the CourtMILTON A. WILTSE
Citation195 N.Y.S.2d 770,21 Misc.2d 38
PartiesPEOPLE of the State of New York, Respondent, v. Thomas C. DOYLE, Appellant.
Decision Date12 January 1960

Page 770

195 N.Y.S.2d 770
21 Misc.2d 38
PEOPLE of the State of New York, Respondent,
v.
Thomas C. DOYLE, Appellant.
Jefferson County Court.
Jan. 12, 1960.

Page 771

Angus G. Saunders, Dist. Atty., Jefferson County, Watertown, for respondent.

Scanlon, Wright, Willmott & Aylward, Watertown, Russell Spencer, Watertown, of counsel, for appellant.

MILTON A. WILTSE, Judge.

The defendant was convicted upon a plea of guilty before the Honorable K. Seaman Edgely, Police Justice of the Village of Alexandria Bay, New York, on August 10, 1959, of the offense of disorderly conduct, in violation of Section 722, Subdivisions 1 and 2 of the Penal Law. From such conviction, he appeals.

Some of the grounds, upon which he seeks reversal of the judgment of conviction, require very careful consideration.

One alleges that the information upon which the present charge was based was insufficient, and that, therefore, the Court did not have jurisdiction to render judgment.

The others alleged that the defendant was not advised of his right to counsel, and of his right to an adjournment or postponement of the proceedings for the purpose of obtaining counsel, and was not given a reasonable opportunity so to do. These are all discussed collectively.

[21 Misc.2d 39] With regard to the first ground set forth above, the information states:

Page 772

'That one Thomas C. Doyle, on the 9th day of August, 1959, at the public sidewalk and street (Market St.) in the Village of Alexandria Bay, County of Jefferson, N. Y., at about 11;:M DST o'clock in the afternoon of said day, did commit the crime of Disorderly Conduct in violation of Art. 70 section 722 pars. 1 and 2 of the Penal Law against the person or property of People of the State of New York by wrongfully, unlawfully, willfully, maliciously and knowingly Defendant did with intent to provoke a breach of the peace, whereby a breach of the peace was occasioned did act in the following manner, did call complainant a 'flat foot' & when told not to call him a 'flat foot' called complainant a god dam 'flat foot' & began to swing at complainant with his fists, & caused a crowd to collect by such actions & conduct.'

The section of the Penal Law applicable here is as follows:

§ 722. Disorderly conduct. Any person who with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned, commits any of the following acts shall be deemed to have committed the offense of disorderly conduct:

'1. Uses offensive, disorderly, threatening, abusive or insulting language, conduct or behavior;

'2. Acts in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others;'

Complainant is a police officer of the Village of Alexandria Bay. The information charges that the acts complained of occurred on Market Street, a public street in the Village of Alexandria Bay, at about eleven o'clock in the evening of August 9, 1959. Market Street is a main thoroughfare passing the Monticello Hotel, in that Village, and leading to the St. Lawrence River.

The acts and words alleged in the information would have been (subdivision 1) offensive, threatening, abusive, or insulting to any person or persons actually on Market Street or who might have been passing by. All of the acts and conduct were admitted by the defendant's plea of guilty, and it is felt that they were such as to tend to provoke a breach of the peace, and occasion a breach of the peace. In addition, the fact that a crowd gathered on the street tends to indicate that there were persons other than the police officer and defendant actually present, who were in a position to observe defendant's acts and hear his words.

It would appear (subdivision 2) that the conduct and words of the defendant alleged in the information, were also such as to annoy, disturb, and interfere with others. By his plea of guilty, defendant[21...

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3 practice notes
  • Diehl v. State, No. 67
    • United States
    • Court of Appeals of Maryland
    • 13 Octubre 1982
    ...386, 269 N.E.2d 149 (1971), clarified, 256 Ind. 618, 271 N.E.2d 513 (1971); Commonwealth v. Harris, 101 Mass. 29 (1869); People v. Doyle, 21 Misc.2d 38, 195 N.Y.S.2d 770 (1960); People v. Jones, 63 N.Y.S.2d 399 (City Ct....
  • People v. Madnick
    • United States
    • New York County Court
    • 10 Diciembre 1960
    ...principal of law that an information which merely states conclusions and not statements of fact is insufficient (People v. Doyle, 21 Misc.2d 38, 195 N.Y.S.2d 770, 773; People v. Kasloff, Co.Ct., 54 N.Y.S.2d 455; People v. Sas, 172 Misc. 845, 16 N.Y.S.2d 380; People v. Byrne, 195 Misc. 783, ......
  • People v. Jarmain
    • United States
    • New York City Court
    • 4 Abril 1978
    ...(1962); People v. Turner, 32 Misc.2d 594, 227 N.Y.S.2d 725 (1962); People v. Kasloff, Co.Ct., 54 N.Y.S.2d 455 (1945); People v. Doyle, 21 Misc.2d 38, 195 N.Y.S.2d 770; People v. Balnis, 14 Misc.2d 928, 183 N.Y.S.2d 744...
3 cases
  • Diehl v. State, No. 67
    • United States
    • Court of Appeals of Maryland
    • 13 Octubre 1982
    ...386, 269 N.E.2d 149 (1971), clarified, 256 Ind. 618, 271 N.E.2d 513 (1971); Commonwealth v. Harris, 101 Mass. 29 (1869); People v. Doyle, 21 Misc.2d 38, 195 N.Y.S.2d 770 (1960); People v. Jones, 63 N.Y.S.2d 399 (City Ct....
  • People v. Madnick
    • United States
    • New York County Court
    • 10 Diciembre 1960
    ...principal of law that an information which merely states conclusions and not statements of fact is insufficient (People v. Doyle, 21 Misc.2d 38, 195 N.Y.S.2d 770, 773; People v. Kasloff, Co.Ct., 54 N.Y.S.2d 455; People v. Sas, 172 Misc. 845, 16 N.Y.S.2d 380; People v. Byrne, 195 Misc. 783, ......
  • People v. Jarmain
    • United States
    • New York City Court
    • 4 Abril 1978
    ...(1962); People v. Turner, 32 Misc.2d 594, 227 N.Y.S.2d 725 (1962); People v. Kasloff, Co.Ct., 54 N.Y.S.2d 455 (1945); People v. Doyle, 21 Misc.2d 38, 195 N.Y.S.2d 770; People v. Balnis, 14 Misc.2d 928, 183 N.Y.S.2d 744...

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