People v. Johnston

• Decision Date: 11 December 1964
• Citation: 44 Misc.2d 651,255 N.Y.S.2d 59
• Parties: PEOPLE of the State of New York v. George W. JOHNSTON (two cases). PEOPLE of the State of New York v. Dennis COBURN. PEOPLE of the State of New York v. Alice GARMS.
• Court: New York Justice Court

Page 59

255 N.Y.S.2d 59

44 Misc.2d 651

PEOPLE of the State of New York v. George W. JOHNSTON (two cases).

PEOPLE of the State of New York v. Dennis COBURN.

PEOPLE of the State of New York v. Alice GARMS.

Police Court of Village of Maybrook, Orange County.

Dec. 11, 1964.

Darrigo & Mauriello, Village Attys. (Andrew M. Mauriello, Newburgh, of counsel), for the People.

Schriver & Gawrys, and Franklin A. Schriver, Middletown, for defendants.

NORMAN SHAPIRO, Police Justice.

The above four related cases come before this court under a local law of the Village of Maybrook entitled 'A Local Law Relating to Outdoor Storage of Abandoned, Junked, Discarded and Unlicensed Motor Vehicles.' The said local law consists of six sections; section 1 entitled 'Purposes In View' being a preamble; section 2 providing that within the Village limits no land owner or user of land shall 'store or deposit or cause or permit to be stored or deposited an abandoned, junked, discarded and unlicensed motor vehicle * * * upon any private land, upon the surface of such land * * *;' section 3 provides for written notice of a violation of section 2 by the Village Clerk to the 'owner occupant or person having charge of such land to comply with the provisions of this local law' the notice is to require removal of the motor vehicle within five days, or the Village 'acting through its duly authorized agents, servants, officers and employees, will enter upon your land and remove and cause the same to be destroyed. The expense incurred by the Village will be assessed against the above described land, and shall constitute a lien thereon * * *'; section 4, entitled 'Penalty' provides that a neglect or refusal to remove a motor vehicle as directed by the local law, or failure or refusal to comply with the provisions of the notice, 'or who shall resist or obstruct the duly authorized agents * * * in the removal and destruction thereof, shall be, upon conviction thereof * * * fined a sum of not exceeding $100.00 for each violation thereof,' and that a 'violation thereof shall constitute disorderly conduct * * *'; section 5 provides that the invalidity of any portion of the local law shall not invalidate the rest of the law; section 6 provides for the time and manner of taking effect.

This local law establishes no condition prerequisite to the Village Clerks' sending the notice; no provision of any kind is made for entry upon land, or the removal and destruction of the motor vehicle, either as to authority, responsibility, time, place, manner of doing, and record of property taken; or for any deposition, complaint, information, hearing (ex parte or adversary), warrant, writ, or determination prior to the entry upon land and removal and destruction of the motor vehicle.

The Johnston, #1, and Garms cases involve a violation of the local law by wilfully storing 'abandoned, junked, discarded and unlicensed' motor vehicles in violation of the local law and after notice. The Johnston, #2, and Coburn cases involve violation of the local law by 'resisting and obstructing' Village agents in removing such vehicles.

A motion has been made by the attorney for all of the defendants to dismiss the respective informations on the law. Various grounds are urged, including factual questions, which cannot be considered at this stage of the proceedings.

The local law relates to abandoned, junked, discarded and unlicensed motor vehicles, these terms are conjunctive, cumulative and not alternative. The informations in...