People v. Dominico

New York Court of Special Session

People v. Dominico

142 Misc. 92, 253 N.Y.S. 849, 1931 N.Y. Misc. LEXIS 1547

DecidedNovember 24, 1931

StatusPublished

This text of 142 Misc. 92 (People v. Dominico) 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. Dominico, 142 Misc. 92, 253 N.Y.S. 849, 1931 N.Y. Misc. LEXIS 1547 (N.Y. Super. Ct. 1931).

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Opinions

McInerney, J.

The defendants were charged with and convicted of disorderly conduct tending to a breach of the peace in that they did “ annoy and interfere with deponent and deponent’s business, the defendants following deponent from customer to customer, and defendants recording addresses of deponent’s customers in book; in violation of section 722, subdivision 2 of the Penal Law.”

It is questionable if the complainant understood what was meant when he was asked if the defendants bad annoyed him and when he responded that they did not but that “ he was scared.” It seems to ine that the actions of the defendants in following the complainant in the manner described did interfere with and was offensive to the complainant and tended to cause a breach of the peace and I believe the magistrate was justified in finding the defendants guilty.

Herbert, J., concurs.

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McInerney, J.

The defendants were charged with and convicted of disorderly conduct tending to a breach of the peace in that they did “ annoy and interfere with deponent and deponent’s business, the defendants following deponent from customer to customer, and defendants recording addresses of deponent’s customers in book; in violation of section 722, subdivision 2 of the Penal Law.”

It is questionable if the complainant understood what was meant when he was asked if the defendants bad annoyed him and when he responded that they did not but that “ he was scared.” It seems to ine that the actions of the defendants in following the complainant in the manner described did interfere with and was offensive to the complainant and tended to cause a breach of the peace and I believe the magistrate was justified in finding the defendants guilty.

Herbert, J., concurs.

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Bluebook (online)

142 Misc. 92, 253 N.Y.S. 849, 1931 N.Y. Misc. LEXIS 1547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dominico-nyspecsessct-1931.