People v. Bonnerwith

Appellate Terms of the Supreme Court of New York

People v. Bonnerwith

79 Misc. 2d 242, 360 N.Y.S.2d 150, 1974 N.Y. Misc. LEXIS 1635

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 22, 1974

StatusPublished

This text of 79 Misc. 2d 242 (People v. Bonnerwith) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. Bonnerwith, 79 Misc. 2d 242, 360 N.Y.S.2d 150, 1974 N.Y. Misc. LEXIS 1635 (N.Y. Ct. App. 1974).

Pincite

Opinion

Memorandum. Judgment of conviction unanimously reversed on the law and facts and complaint dismissed.

Defendant was not entitled to a jury trial, since the maximum sentence he could receive was six months’ incarceration (Baldwin v. New York, 399 U. S. 66) and there was no basis in fact for defendant’s claim that the Justice below was biased against him.

However, defendant may not be convicted of a zoning violation where he has shown a valid nonconforming use (People v. Miller, 304 N. Y. 105; 2 Rathkoff, Law of Zoning and Planning [3d ed., 1972], p. 58-1), even though there has been a legitimate increase in volume (People v. Perkins, 282 N. Y. 329; Matter of Vella v. Zoning Bd. of Appeals of Rochester, 206 Misc. 941, 945).

Concur — Hogan, P. J., Pittoni and Parley, JJ.

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Memorandum. Judgment of conviction unanimously reversed on the law and facts and complaint dismissed.

Defendant was not entitled to a jury trial, since the maximum sentence he could receive was six months’ incarceration (Baldwin v. New York, 399 U. S. 66) and there was no basis in fact for defendant’s claim that the Justice below was biased against him.

However, defendant may not be convicted of a zoning violation where he has shown a valid nonconforming use (People v. Miller, 304 N. Y. 105; 2 Rathkoff, Law of Zoning and Planning [3d ed., 1972], p. 58-1), even though there has been a legitimate increase in volume (People v. Perkins, 282 N. Y. 329; Matter of Vella v. Zoning Bd. of Appeals of Rochester, 206 Misc. 941, 945).

Concur — Hogan, P. J., Pittoni and Parley, JJ.

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Bluebook (online)

79 Misc. 2d 242, 360 N.Y.S.2d 150, 1974 N.Y. Misc. LEXIS 1635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bonnerwith-nyappterm-1974.

Opinion

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