People v. Miller

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID MILLER, Appellant

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

Date published: Nov 1, 1932

236 App. Div. 846 (N.Y. App. Div. 1932)

Opinion

November, 1932.

Present — Lazansky, P.J., Young, Hagarty, Carswell and Tompkins, JJ.

Judgments of conviction by a city magistrate, sitting as a Court of Special Sessions, unanimously affirmed. Upon further consideration of the facts and of the purpose of subdivision 5 of section 139 of the Sanitary Code,^_ we are of opinion that the decision of this court in People ( Complaint of Nelson) v. Levinson ( 234 App. Div. 791) should not be followed.

_ See Code of Ordinances of City of New York, chap. 20, § 139, subd. 5. — [REP.