People v. Lang

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

Decided November 18, 1910

Appellate Division of the Supreme Court of the State of New York · decided 1910-11-18

Appeal by the defendant, Henrietta Lang, from a judgment of the Court of Special Sessions of the Second Division of the city of New York, rendered against the defendant oñ the 12’th day of April, 1909, convicting her of the Crime of keeping a disorderly house, and also from two orders made on the 1st day of April, 19Í0, denying, the defendant’s sepárate motions for a new trial, and to vacate and set aside the. said judgment of conviction,

Relies on People v. . Dillon · Brookman v. . Hamill

Decided 1910-11-18

Thomas, J.:

¶1Defendant, charged with keeping a disorderly house, and discharged by order of a city magistrate, was later found guilty of the same offense by' the Court of Special Sessions, on information filed by the district attorney, to which was attached the proceedings before the city magistrate.

¶2The Court of Special Sessions had not jurisdiction after the discharge by the magistrate. (People v. Dillon, 197 N. Y. 254.) The jurisdiction was not questioned on the trial. The present appeal is from the judgment, whereby it appeal’s that the Court of Special Sessions had no jurisdiction, and it is immaterial that the record does not show that objection to the jurisdiction. (Brookman v. Hamill, 43 N. Y. 554, 564; Risley v. Phenix Bank of City of New York, 83 id. 318, 337.)

¶3The judgment should be reversed.

¶4• Woodward, Burr, Rich and Carr, JJ., concurred.

¶5Judgment of conviction of the. Court of Special Sessions and orders reversed.