People v. Koffroth

Decision Date10 January 1957
Citation2 N.Y.2d 807,140 N.E.2d 742,159 N.Y.S.2d 828
CourtNew York Court of Appeals Court of Appeals
Parties, 140 N.E.2d 742 PEOPLE, Respondent, v. Milton William KOFFROTH, Appellant.

Appeal from the County Court of Genesee County.

Defendant was convicted under an information charging that he outraged public decency and seriously injured the property of another by marking obscene and immoral words and sentences and a drawing on the walls of a booth in the men's lavatory in a theater. The City Court of the City of Batavia entered judgment, and defendant appealed.

The County Court of Genesee County entered a judgment of affirmance.

The defendant appealed to the Court of Appeals, contending that the information was defective because the allegedly indecent words were not recited and because the items of outraged decency were not amplifed by supporting affidavits or by mentioning the identities of the people outraged, and that fact that defendant pleaded guilty was not a bar to review by the Court of Appeals, and that an information, based...

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12 cases
  • People v. Pelchat
    • United States
    • New York Court of Appeals Court of Appeals
    • May 15, 1984
    ...right to challenge the court's jurisdiction (People v. Harper, 37 N.Y.2d 96, 371 N.Y.S.2d 467, 332 N.E.2d 336; People v. Koffroth, 2 N.Y.2d 807, 159 N.Y.S.2d 828, 140 N.E.2d 742; People v. Miles, 289 N.Y. 360, 45 N.E.2d 910) or raise arguments of a constitutional dimension (see People v. Le......
  • People v. Bray
    • United States
    • New York Supreme Court — Appellate Division
    • October 30, 1989
    ...600, 412 N.Y.S.2d 110, 384 N.E.2d 656,supra; People v. Case, 42 N.Y.2d 98, 396 N.Y.S.2d 841, 365 N.E.2d 872; People v. Koffroth, 2 N.Y.2d 807, 159 N.Y.S.2d 828, 140 N.E.2d 742); considerations involving constitutional speedy trial claims (People v. Blakley, 34 N.Y.2d 311, 357 N.Y.S.2d 459, ......
  • People v. Case
    • United States
    • New York Court of Appeals Court of Appeals
    • June 16, 1977
    ...waived by a plea of guilty (People v. Scott, 3 N.Y.2d 148, 152, 164 N.Y.S.2d 707, 710, 143 N.E.2d 901, 903; People v. Koffroth, 2 N.Y.2d 807, 808, 159 N.Y.S.2d 828, 140 N.E.2d 742). Thus, if every element of the crime of obstructing governmental administration is not properly recited in the......
  • People v. Scott
    • United States
    • New York Court of Appeals Court of Appeals
    • July 3, 1957
    ...to the jurisdiction of the court are not waived, nor is the objection that the information does not state a crime (People v. Koffroth, 2 N.Y.2d 807, 159 N.Y.S.2d 828; People ex rel. Burkhardt v. Elsaesser, 244 App.Div. 891, 280 N.Y.S. 507; People v. Tompkins, 202 Misc. 147, 150, 114 N.Y.S.2......
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