Fetsch v. Police Justice Court

Appellate Division of the Supreme Court of New York

Fetsch v. Police Justice Court

7 A.D.2d 854, 181 N.Y.S.2d 904, 1959 N.Y. App. Div. LEXIS 10346

Appellate Division of the Supreme Court of the State of New York·Decided January 12, 1959·Published·Cited by 1 cases

Opinion

Appeal from an order prohibiting the Police Justice Court of the Village of Sands Point and the Police Justice from taking any and all proceedings against respondents under an antinoise ordinance of the village. Order reversed, without costs, and proceeding dismissed, without costs. The ordinance is not unconstitutional on its face, and the information against respondents is valid. Any infirmity in the ordinance should be determined only after a trial on the information. Wenzel, Acting P. J., Beldoek, Murphy, Ughetta and Kleinfeld, JJ., concur. [9 Misc 2d 25.]

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Appeal from an order prohibiting the Police Justice Court of the Village of Sands Point and the Police Justice from taking any and all proceedings against respondents under an antinoise ordinance of the village. Order reversed, without costs, and proceeding dismissed, without costs. The ordinance is not unconstitutional on its face, and the information against respondents is valid. Any infirmity in the ordinance should be determined only after a trial on the information. Wenzel, Acting P. J., Beldoek, Murphy, Ughetta and Kleinfeld, JJ., concur. [9 Misc 2d 25.]

Fetsch v. Police Justice Court, 7 A.D.2d 854, 181 N.Y.S.2d 904, 1959 N.Y. App. Div. LEXIS 10346 (N.Y. Ct. App. 1959).

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