166 A.D. 515
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 1915
Appellate Division of the Supreme Court of the State of New York · decided 1915-02-05
Appeal by the defendant, Alfred G. Borsch, from a .judgment of the Court of General Sessions of the Peace in and for the county of New York, rendered on the 8th day of April, 1914, affirming a judgment rendered by a judge of said court, sitting as a Magistrate’s Court of the city of New York, rendered on the 26th day of March, 1914, convicting the defendant of disorderly conduct.
Decided 1915-02-05
¶1We do not think that the acts complained of come within the provisions of section 1459 of the Consolidation Act (Laws of 1882, chap. 410), because they did not tend to a breach of the peace, and, therefore, the conviction of this defendant was not justified.
¶2The judgment must be reversed and the defendant discharged.
¶3Present — Ingraham, P., J., Laughlin, Scott, Dowling and Hotchkiss, JJ.
¶4Judgment reversed and defendant discharged. Order to be settled on notice.