People v. Schlagel — 240 N.Y. 660

Majority

p. 660

The People of the State of New York, Appellant, v. Michael Schlagel, Respondent.

(Argued May 8, 1925;

decided June 2, 1925.)

Headnote

Conservation Law — fish and game — action to recover penalty for having fish nets in possession.

People v. Schlagel, 210 App. Div. 323 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 1, 1924, sustaining defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, and granting a motion for a new trial in an action to recover from defendant a penalty under the provisions of section 182 of the Conservation Law for having fish nets in his possession within 300 feet of inland waters.

Albert Ottinger, Attorney-General (John O. Bates of counsel), for appellant.

George D. Forsyth for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with, costs in all courts, on opinion of Clark, J., below.

Concur: .Hiscock, Ch. J., Cardozo, McLaughlin, Crane, Andrews and Lehman, JJ. Absent: Pound, J.