McKinney v. Hamilton

Appellate Division of the Supreme Court of New York

McKinney v. Hamilton

257 A.D. 1061, 13 N.Y.S.2d 786, 1939 N.Y. App. Div. LEXIS 9054

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 11, 1939

StatusPublished

Cited by1 cases

This text of 257 A.D. 1061 (McKinney v. Hamilton) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McKinney v. Hamilton, 257 A.D. 1061, 13 N.Y.S.2d 786, 1939 N.Y. App. Div. LEXIS 9054 (N.Y. Ct. App. 1939).

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Opinion

Appeal from an order granted under article 78 of the Civil Practice Act (prohibition). Respondent and another were arraigned, charged with a violation of section 1272 of the Penal Law, before a Court of Special Sessions, presided over by a justice of the peace of Rensselaer county. The punishment prescribed is a fine of “ not less than one hundred nor more than ten thousand dollars for each offense.” Under provisions of the Penal Law applicable to Courts of Special Sessions, the court could direct imprisonment, one day for each dollar of the fine. Courts of Special Sessions are without such jurisdiction. (People ex rel. Cosgrijf v. Craig, 195 N. Y. 190; People v. Bellinger, 269 id. 265.) Order affirmed. Hill, P. J., Crapser, Bliss and Heffernan, JJ., concur.

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Appeal from an order granted under article 78 of the Civil Practice Act (prohibition). Respondent and another were arraigned, charged with a violation of section 1272 of the Penal Law, before a Court of Special Sessions, presided over by a justice of the peace of Rensselaer county. The punishment prescribed is a fine of “ not less than one hundred nor more than ten thousand dollars for each offense.” Under provisions of the Penal Law applicable to Courts of Special Sessions, the court could direct imprisonment, one day for each dollar of the fine. Courts of Special Sessions are without such jurisdiction. (People ex rel. Cosgrijf v. Craig, 195 N. Y. 190; People v. Bellinger, 269 id. 265.) Order affirmed. Hill, P. J., Crapser, Bliss and Heffernan, JJ., concur.

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Bluebook (online)

257 A.D. 1061, 13 N.Y.S.2d 786, 1939 N.Y. App. Div. LEXIS 9054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckinney-v-hamilton-nyappdiv-1939.

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