Quil v. County Court of Kings County

Appellate Division of the Supreme Court of New York

Quil v. County Court of Kings County

3 A.D.2d 717, 159 N.Y.S.2d 312, 1957 N.Y. App. Div. LEXIS 6492

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

DecidedFebruary 11, 1957

StatusPublished

Cited by2 cases

This text of 3 A.D.2d 717 (Quil v. County Court of Kings County) 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

Quil v. County Court of Kings County, 3 A.D.2d 717, 159 N.Y.S.2d 312, 1957 N.Y. App. Div. LEXIS 6492 (N.Y. Ct. App. 1957).

Pincite

Opinion

Order denying an application for an order of prohibition unanimously affirmed, with $10 costs and disbursements. In our opinion, the indictment involved in this proceeding charges the crime of publishing a libel under sections 1340 and 1343 of the Penal Law, of which the County Court of Kings County has jurisdiction by virtue of the provisions of sections 138 and 134 of the Code of Criminal Procedure. (Cf. People v. Hudson Val. Constr. Go., 217 N. Y. 172; Matter of Kowalsky, 73 Cal. 120.) Jurisdiction is properly in Kings County, also, by reason of the allegations in the indictment that appellant procured, instigated and caused the defamatory statement to be published in that county. (Cuvillier v. State of New York, 250 N. Y. 258; Penal Law, § 2.) The application, therefore, was properly denied on the merits. In any event, the denial was proper in the exercise of discretion. (Matter of Polansky v. Sobel, 285 App. Div. 1178.) Present — Nolan, P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ. [See post, p. 764.]

Free access — add to your briefcase to read the full text and ask questions with AI

Order denying an application for an order of prohibition unanimously affirmed, with $10 costs and disbursements. In our opinion, the indictment involved in this proceeding charges the crime of publishing a libel under sections 1340 and 1343 of the Penal Law, of which the County Court of Kings County has jurisdiction by virtue of the provisions of sections 138 and 134 of the Code of Criminal Procedure. (Cf. People v. Hudson Val. Constr. Go., 217 N. Y. 172; Matter of Kowalsky, 73 Cal. 120.) Jurisdiction is properly in Kings County, also, by reason of the allegations in the indictment that appellant procured, instigated and caused the defamatory statement to be published in that county. (Cuvillier v. State of New York, 250 N. Y. 258; Penal Law, § 2.) The application, therefore, was properly denied on the merits. In any event, the denial was proper in the exercise of discretion. (Matter of Polansky v. Sobel, 285 App. Div. 1178.) Present — Nolan, P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ. [See post, p. 764.]

Cite This Page — Counsel Stack

Bluebook (online)

3 A.D.2d 717, 159 N.Y.S.2d 312, 1957 N.Y. App. Div. LEXIS 6492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quil-v-county-court-of-kings-county-nyappdiv-1957.

Opinion

Related

Cite This Page — Counsel Stack