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People v. Seidman

Appellate Division of the Supreme Court of New York, Second Department
May 17, 1943
266 App. Div. 793 (N.Y. App. Div. 1943)

Opinion

May 17, 1943.


Upon a complaint charging the defendant with violation of section 101, subdivision 2, of the New York State War Emergency Act (L. 1942, ch. 544, as amd.), the City Magistrate, without constituting himself a court of special sessions, proceeded summarily to try the appellant. From a judgment of conviction, the defendant appeals to this court. Appeal dismissed. Although the Magistrate was without jurisdiction to try the defendant ( People v. Aptaker, 25 N.Y.S.2d 950 [not officially reported]; People v. Quimby, 72 Misc. 421), the appellant's remedy is by appeal to the Appellate Part of the Court of Special Sessions. ( People v. Aptaker, supra; Code Crim. Pro. § 520.) Close, P.J., Hagarty, Carswell, Taylor and Lewis, JJ., concur.


Summaries of

People v. Seidman

Appellate Division of the Supreme Court of New York, Second Department
May 17, 1943
266 App. Div. 793 (N.Y. App. Div. 1943)
Case details for

People v. Seidman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERMAN SEIDMAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 17, 1943

Citations

266 App. Div. 793 (N.Y. App. Div. 1943)

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