People v. Murphy
| Decision Date | 30 April 1942 |
| Parties | PEOPLE, Appellant, v. Thomas MURPHY, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, Fourth Department, 263 App.Div. 1051, 33 N.Y.S.2d 963.
Thomas Murphy was indicted for the misdemeanor of escaping from the Monroe County Penitentiary in violation of section 1694 of the Penal Law, Consol.Laws, c. 40. He had been convicted and sentenced for public intoxication, and the indictment characterized public intoxication as a misdemeanor. Section 1694 of the Penal Law makes an escape from custody or confinement by a prisoner a misdemeanor if such custody or confinement is ‘upon a charge, arrest, commitment, or conviction’ for a misdemeanor. The district attorney contended that pulbic intoxication is a misdemeanor and defendants contended that it is not a misdemeanor.
An order of the Monroe County Court, 177 Misc. 1042, 31 N.Y.S.2d 872, sustaining a demurrer to the indictment and dismissing the indictment was affirmed by the Appellate Division, 263 App.Div. 1051, 33 N.Y.S.2d 963, and the People of the State of New York appeal from the judgment of the Appellate Division.
Affirmed. Daniel J. O'Mara, Dist. Atty., of Rochester, for appellant.
Leland R. Yost of Rochester, for respondent.
Judgment affirmed.
All concur.
To continue reading
Request your trial
-
People v. Bevilacqua
...The Murphy case was then appealed to the Court of Appeals. There it was also affirmed without opinion, all concurring (People v. Murphy, 286 N.Y. 613, 42 N.E.2d 612). The Court of Appeals has thus settled the law. There is no right to a jury trial for public intoxication under Section 1221 ......
-
State v. Ferguson
...to escape without committing a felony.' In People v. Murphy, 1942, 263 App.Div. 1051, 33 N.Y.S.2d 963, affirmed without opinion in 288 N.Y. 613, 42 N.E.2d 612, it was held that a defendant who escapes from the county jail while being confined for a violation of a law prohibiting intoxicatio......
-
Goodstein v. Chalfonte Hotel Corp.
...is not a crime. This was affirmed by the Appellate Division, Fourth Department (263 App. Div. 1051), and by the Court of Appeals (288 N.Y. 613)." Upon these considerations, I have no alternative but to dismiss the first cause of action for slander against both As to the third cause of actio......