People v. Goldsmith
| Decision Date | 20 November 1928 |
| Citation | 249 N.Y. 586,164 N.E. 593 |
| Parties | The PEOPLE of the State of New York, Respondent, v. H. Ely GOLDSMITH, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department (224 App. Div. 707, 229 N. Y. S. 896), entered June 15, 1928, which affirmed a judgment of the Court of Special Sessions of the city of New York convicting the defendant of unlawfully practicing law in violation of section 270 of the Penal Law (Consol. Laws, c. 40).
Horace G. Marks, of New York City, for appellant.
Robert H. Elder, William Dike Reed and Otho S. Bowling, all of New York City, amici curiae.
Joab H. Banton, Dist. Atty., of New York City (Felix C. Benvenga and Michael J. Driscoll, both of New York City, of counsel), for respondent.
Judgment of the Appellate Division and that of Special Sessions reversed and information dismissed upon the ground that there is no evidence that defendant held himself out to the public as being entitled to practice law within the meaning of section 270 of the Penal Law. See People v. Alfani, 227 N. Y. 334, 125 N. E. 671.
O'BRIEN, J., not sitting.
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Spivak v. Sachs
...law. We think this is a misreading of the statute and a misapplication of the holdings in People v. Alfani (supra) and People v. Goldsmith, 249 N.Y. 586, 164 N.E. 593, particularly the latter. Alfani and Goldsmith were both laymen and both were prosecuted and convicted for alleged violation......
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People v. McCarthy
...the Code of Civil Procedure has equal force to the applications under section 520 of the Code of Criminal Procedure. In People v. Goldsmith, 249 N. Y. 586, 164 N. E. 593, the applicationwas made in the first instance to the Appellate Division as a court. We decided that this was not a compl......
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