Summary
In People v Cuneo Eastern Press (257 N.Y. 208), the Court of Appeals reversed a conviction for public nuisance holding unanimously that where a business is legal, the noise necessarily emanating therefrom could not sustain a conviction.
Summary of this case from People v. MarkovitzOpinion
Argued June 5, 1931
Decided July 15, 1931
Appeal from the Supreme Court, Appellate Division, Second Department.
Carroll G. Walter for appellant.
William F.X. Geoghan, District Attorney ( George F. Palmer, Jr., of counsel), for respondent.
In view of the character of the neighborhood and the manner in which the defendant's business was conducted, we think the evidence is insufficient to sustain the conclusion that what was done by the defendant amounted to a public nuisance, irrespective of any provisions of the Zoning Resolution.
The judgment of the Appellate Division and that of the Court of Special Sessions should be reversed and the information dismissed.
CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ., concur.
Judgments reversed, etc.