People v. Grant
| Decision Date | 09 July 1965 |
| Citation | 16 N.Y.2d 722,262 N.Y.S.2d 106,209 N.E.2d 723 |
| Parties | , 209 N.E.2d 723 The PEOPLE, etc., Respondent, v. Arnold M. GRANT, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Term, First Department.
Defendant was convicted of violating a traffic regulation of the City of New York under a complaint reciting that the defendant ran from the northeast corner of intersection to northwest corner while a 'don't walk' pedestrian signal was against the defendant.
The Criminal Court of the City of New York, Reuben Levy, J., entered a judgment, and the defendant appealed.
The Appellate Term entered a judgment affirming the judgment of the Criminal Court of the City of New York.
The defendant appealed to the Court of Appeals by permission of an Associate Judge of the Court of Appeals, contending that statutory and regulatory scheme which authorized arrest for jaywalking unconstitutionally interfered with right to travel and created a cruel and unusual punishment, and that police department regulation authorizing arrest for jaywalking unless one charged with jaywalking could produce satisfactory documentary proof of identity was constitutionally invalid.
Rubin, Baum & Levin, New York City, for appellant.
Frank S. Hogan, New York City (H. Richard Uviller, john A. K. Bradley, New York City, of counsel), for respondent.
Judgment affirmed. The validity of an arrest is immaterial to the validity of the subsequent conviction when, as here, the trial court had jurisdiction of the offense charged and acquired jurisdiction of defendant's person by the filing of an information and an appearance by defendant (see Stallings v. Splain, 253 U.S. 339, 343, 40 S.Ct. 537, 64 L.Ed. 940; Albrecht v. United States, 273 U.S. 1, 10, 47 S.Ct. 250, 71 L.Ed. 505; Balbo v. People, 80 N.Y. 484, 499; People v. Barbato, 254 N.Y. 170, 172, 172 N.E. 458, 459; People v. Iverson, 46 App.Div. 301, 61 N.Y.S. 220; People v. Ostrosky, 95 Misc. 104, 110, 160 N.Y.S. 493, 497).
We pass on no other question.
All concur.
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