People v. Barberry

Appellate Division of the Supreme Court of New York

People v. Barberry

269 A.D. 752, 54 N.Y.S.2d 367

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

DecidedApril 9, 1945

StatusPublished

This text of 269 A.D. 752 (People v. Barberry) 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

People v. Barberry, 269 A.D. 752, 54 N.Y.S.2d 367 (N.Y. Ct. App. 1945).

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Opinion

Defendant appeals from a judgment of the County Court of Kings County, convicting him of knowingly receiving the proceeds of prostitution. (Penal Law, § 2460, subd. 8.) Judgment unanimously affirmed. The defendant’s guilt was established beyond any doubt, hence the instances, invoked by the appellant, of improper and unjudicial conduct, which appear in the record, do not justify a reversal in the interest of justice. Such conduct, apart from other claimed instances of unjudicial conduct, which do not appear in the record, necessitates an expression by this court of emphatic disapproval thereof. Such conduct is wholly unnecessary and tends to bring the administration of justice into disrepute (People v. De Martino, 252 App. Div. 476, 480, 481), and there should be no recurrence of it. Present— Close, P. J., Carswell, Johnston and Lewis, JJ.; Adel, J., concurs in the result.

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Defendant appeals from a judgment of the County Court of Kings County, convicting him of knowingly receiving the proceeds of prostitution. (Penal Law, § 2460, subd. 8.) Judgment unanimously affirmed. The defendant’s guilt was established beyond any doubt, hence the instances, invoked by the appellant, of improper and unjudicial conduct, which appear in the record, do not justify a reversal in the interest of justice. Such conduct, apart from other claimed instances of unjudicial conduct, which do not appear in the record, necessitates an expression by this court of emphatic disapproval thereof. Such conduct is wholly unnecessary and tends to bring the administration of justice into disrepute (People v. De Martino, 252 App. Div. 476, 480, 481), and there should be no recurrence of it. Present— Close, P. J., Carswell, Johnston and Lewis, JJ.; Adel, J., concurs in the result.

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Bluebook (online)

269 A.D. 752, 54 N.Y.S.2d 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-barberry-nyappdiv-1945.

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