People v. Maddaus
| Decision Date | 25 June 1958 |
| Parties | , 152 N.E.2d 537 PEOPLE, Appellant, v. Paul MADDAUS, Defendant-Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 5 A.D.2d 886, 172 N.Y.S.2d 607.
Defendant was convicted of violating Section 186 of the Sanitary Code of the City of New York providing that no person shall interfere with or obstruct any inspector or other duly authorized representative of the Department of Health when making inspections or examinations required by the Department of Health, or when executing its orders. The Municipal Term of the Magistrates' Court of the City of New York, Borough of Richmond, sitting as a Court of Special Sessions, Anthony E. Maglio, C. M., entered judgment of conviction, and the defendant appealed.
The Appellate Division reversed the judgment, dismissed the complaint, and held that defendant was not guilty of violating Section 186 of the Sanitary Code because he refused, on constitutional grounds, to consent to an inspection of his outdoor privy without a warrant. Nolan, P. J., dissented.
The People of the State of New York appealed to the Court of Appeals, contending that the conviction should be reinstated, on ground that there was proof of interference with proposed inspection of the outdoor privy, and that an inspector may not be put in a position where he must exercise force or chance an action for damages in order to perform his statutory duties, and that no constitutional rights of the defendant were violated or jeopardized.
Peter Campbell Brown, Corp. Counsel, New York City (Seymour B. Quel and Fred Iscol, New York City, of counsel), for complainant-appellant.
Paul Maddaus, Staten Island, in pro. per.
Order affirmed. We agree with the Appellate Division that the evidence presented at the trial fails to establish that the defendant committed the offense charged against him; by his conduct he did not 'interfere with or obstruct' an inspector, within the meaning of § 186 of the Sanitary Code of New York City.
All concur.
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...(See, e. g., District of Columbia v. Little, App.D.C.1950, 399 U.S. 1, 70 S.Ct. 468, 94 L.Ed. 599; People v. Maddaus, 1958, 4 N.Y.2d 1003, 177 N.Y.S.2d 517, (152 N.E.2d 537).) The offense is designated a class A "Within the scope of § 195.05 are such cases as: (1) an assault on a public ser......
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... ... Maddaus, 4 N.Y.2d 1003, 177 N.Y.S.2d 517, 152 N.E.2d 537 (1958), the defendant was convicted of violating Section 186 of the Sanitary Code of the City of New York, based on a complaint that he obstructed and interfered with health inspectors who sought to examine an outdoor privy. The defendant refused to ... ...
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