People v. Cohen

Appellate Division of the Supreme Court of New York

People v. Cohen

207 A.D. 355, 202 N.Y.S. 163, 1923 N.Y. App. Div. LEXIS 5961

Appellate Division of the Supreme Court of the State of New York·Decided November 30, 1923·Published

Opinion

Martin, J.:

For the reasons stated in People v. Weller (207 App. Div. 337), decided herewith, we reject the reasoning advanced in the Court of General Sessions so far as it is intended to show that there was no power to adopt the ordinance in question. We agree, however, that error was committed in the exclusion of evidence as set forth in the opinion in this case, reported in People v. Cohen (109 Misc. Rep. 622).

We, therefore, affirm the judgment of that court. We deem it unnecessary to consider the other points discussed in said opinion.

Smith and McAvoy, JJ., concur; Clarke, P. J., and Finch, J., concur in result.

Judgment affirmed.

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Martin, J.:

For the reasons stated in People v. Weller (207 App. Div. 337), decided herewith, we reject the reasoning advanced in the Court of General Sessions so far as it is intended to show that there was no power to adopt the ordinance in question. We agree, however, that error was committed in the exclusion of evidence as set forth in the opinion in this case, reported in People v. Cohen (109 Misc. Rep. 622).

We, therefore, affirm the judgment of that court. We deem it unnecessary to consider the other points discussed in said opinion.

Smith and McAvoy, JJ., concur; Clarke, P. J., and Finch, J., concur in result.

Judgment affirmed.

People v. Cohen, 207 A.D. 355, 202 N.Y.S. 163, 1923 N.Y. App. Div. LEXIS 5961 (N.Y. Ct. App. 1923).

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Opinion

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