People v. Schildhaus
| Decision Date | 01 May 1958 |
| Citation | 150 N.E.2d 768,4 N.Y.2d 883,174 N.Y.S.2d 465 |
| Parties | , 150 N.E.2d 768 The PEOPLE etc., Respondent, v. Arnold SCHILDHAUS, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 3 A.D.2d 990, 163 N.Y.S.2d 467.
Defendant was convicted of violating Sections 53, 63 and 277 of the Sanitary Code of the City of New York. The Court of Special Sessions, Bronx County, entered judgment, and the defendant appealed.
The Appellate Division affirmed the judgment of conviction without prejudice to an application by defendant to the Court of Special Sessions for a reconsideration of the sentence, provided that defendant would consent to a complete probation investigation.
The defendant appealed to the Court of Appeals, and motion was made in the Court of Appeals to dismiss the appeal.
The Court of Appeals, 4 N.Y.2d 706, 171 N.Y.S.2d 98, granted motion to dismiss the appeal and dismissed the appeal unless, within 20 days, defendant should serve and file the return on appeal and, within 30 days, should serve and file his brief, if any, in which event the motion was denied.
The defendant contended in the Court of Appeals that the Department of Health had no right, power, or authority, to inspect, supervise, or place violations on a multiple dwelling, and that the state constitution prohibits a local law from changing or superseding a state law, and that the City Home Rule Law, Consol.Laws, c. 76, § 1 et seq., prohibits city from changing or superseding any provision of the Multiple Dwelling Law, Consol.Laws, c. 61-A, § 1 et seq., and that criminal statutes must contain in clear and positive language an unequivocal warning, and that Section 1938 of the Penal Code, Consol.Laws, c. 40, prohibits double punishment for any act or omission, and that a criminal prosecution can only be prosecuted by the District Attorney or the Attorney General, and that no notice was given defendant of the existence of the violations, and that the Court of Special Sessions did not acquire jurisdiction, and that persons cannot be sent to jail for violation of 'public welfare offenses' without a mens rea, and that since minutes of two days of trial and minutes of sentence could not be procured by defendant because stenographer had left city employ and could not be located, defendant was entitled to new trial, and that Court of Special Sessions had no power to reserve decision and, having done so, was without power to impose sentence.
...
To continue reading
Request your trial
-
People v. Jackson
...* * town and village attorneys and corporation counsels.' (People v. Wyner, 207 Misc 673, 675, 677 ; see, also, People v. Schildhaus, 4 NY2d 883 [174 N.Y.S.2d 465, 150 N.E.2d 768]; Matter of Turecamo Contr. Co., 260 App Div 253 , motion for leave to appeal denied 259 App Div 1094 ; People v......
-
People v. Christensen
...see People v. DeLeyden, 10 N.Y.2d 293, 294, 220 N.Y.S.2d 961, 177 N.E.2d 924), or a corporation counsel ( see People v. Schildhaus, 4 N.Y.2d 883, 174 N.Y.S.2d 465, 150 N.E.2d 768; cf. Matter of Sedore v. Epstein, 56 A.D.3d at 60, 864 N.Y.S.2d 543 [improper to delegate the prosecution of a h......
-
People v. Abajian
...961, 177 N.E.2d 924 (1961), a conviction for speeding prosecuted by a deputy sheriff was affirmed. People v. Schildhaus, 4 N.Y.2d 883, 174 N.Y.S.2d 465, 150 N.E.2d 768 (1958), implicitly held that the corporation counsel had authority to prosecute sanitary code violations. People v. Leombru......
-
People v. Anonymous
...293, 220 N.Y.S.2d 961, 177 N.E.2d 924; People v. Leombruno, 10 N.Y.2d 900, 223 N.Y.S.2d 516, 179 N.E.2d 517; People v. Schildhaus, 4 N.Y.2d 883, 174 N.Y.S.2d 465, 150 N.E.2d 768.) This line of cases specifically includes prosecutions in local criminal courts in addition to those pending in ......