People v. Black

135 Misc. 841, 241 N.Y.S. 756, 1930 N.Y. Misc. LEXIS 1258
CourtNew York Court of Special Session
DecidedFebruary 20, 1930
StatusPublished
Cited by2 cases

This text of 135 Misc. 841 (People v. Black) is published on Counsel Stack Legal Research, covering New York Court of Special Session primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Black, 135 Misc. 841, 241 N.Y.S. 756, 1930 N.Y. Misc. LEXIS 1258 (N.Y. Super. Ct. 1930).

Opinion

Per Curiam.

The appellants were convicted in a Magistrate’s Court of disorderly conduct tending to a breach of the peace. The complaint in part reads: That “ said defendants, at 5.15 p. m. did, then and there while together and acting in concert with each other, molest pedestrians by handing them pamphlets.” It is admitted by the appellants that they did, at the time and place mentioned, hand to employees of Bergdorff-Goodman Company, as they were leaving the building, one or more pamphlets, but we do not think that this, or the manner in which it was done, constituted disorderly conduct tending to a breach of the peace. There is no testimony to sustain the allegations of the complaint.

Judgment reversed on the law and the facts. Complaint dismissed. Defendants discharged and fine ordered repaid.

All concur; present, McInekney, Herbert and Healy, JJ.

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Related

Chrestensen v. Valentine
122 F.2d 511 (Second Circuit, 1941)

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Bluebook (online)
135 Misc. 841, 241 N.Y.S. 756, 1930 N.Y. Misc. LEXIS 1258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-black-nyspecsessct-1930.