People v. Schwer
| Decision Date | 30 December 1959 |
| Citation | 164 N.E.2d 727,7 N.Y.2d 838,196 N.Y.S.2d 711 |
| Parties | , 164 N.E.2d 727 PEOPLE, Respondent, v. Donald SCHWER, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from County Court, Westchester County.
Defendant was convicted of violating Section 1424 of the Penal Law, Consol.Laws, c. 40, dealing with false fire alarms. The Court of Special Sessions of the Village of North Tarrytown, John B. Whalen, Police Justice, rendered judgment on October 6, 1958, and the defendant appealed.
The County Court of Westchester County, Hugh S. Coyle, J., affirmed the judgment.
A certificate granting leave to appeal to the Court of Appeals was issued by Stanley H. Fuld, J., on May 6, 1959, and the defendant appealed to the Court of Appeals and made a motion to have the appeal heard on the legible typewritten copies of the record before the Appellate Division and legible typewritten briefs.
The Court of Appeals, 6 N.Y.2d 881, 188 N.Y.S.2d 999, granted the motion.
The Court of Appeals, 7 N.Y.2d 729, 193 N.Y.S.2d 473, granted motion for enlargement of time and set the case down for argument during the October, 1959, session of the Court of Appeals.
The People of the State of New York contended on appeal that information was valid and sufficient to confer jurisdiction on the trial court. The information charged that defendant at about certain time on certain day at certain place committed offense of turning in false alarm in violation of Section 1424 of the Penal Law, by wrongfully, unlawfully, wilfully, falsely, maliciously, knowingly, and without right giving a false alarm from alarm box, causing fire apparatus to respond, and that there was no fire at such location.
Joseph F. Gagliardi, Dist. Atty. White Plains (Arthur V. Praete, Asst. Dist. Atty., New Rochelle, of counsel), for respondent.
Judgment reversed and the information dismissed upon the authority of People v. James, 4 N.Y.2d 482, 176 N.Y.S.2d 323.
All concur except DESMOND, J., who dissents and votes to affirm upon the ground this is a further, unnecessary and unwise extension of People v. James, 4 N.Y.2d 482, 176 N.Y.S.2d 323.
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