People v. Hallin — 244 N.Y. 586

Majority

p. 586

The People of the State of New York, Respondent, v. John T. Hallin et al., Appellants.

Headnote

Crimes — harboring intoxicated persons in refreshment saloon in violation of city ordinance.

People v. Hallin, 217 App. Div. 816 , 817, affirmed.

(Argued January 20, Í927;

decided February 23, 1927.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered September 29, 1926, which affirmed a judgment of the Chautauqua County Court affirming a judgment of the City Court of Jamestown, convicting defendants, who operated a refreshment saloon in the city of Jamestown, of harboring intoxicated persons therein in violation of a city ordinance which provided: “ It shall be unlawful for any person owning, conducting

p. 587

or in charge of any refreshment business as defined in this chapter to harbor intoxicated persons on the premises, or to permit the drinking of intoxicating beverages therein, or to allow intoxicated persons to resort thereto; or to permit any disorderly, indecent, immoral or unlawful conduct on or in such premises.”

Michael D. Lombardo and Benjamin S. Dean for appellants.

Glenn W. Woodin, District Attorney {John S. Leonard of counsel), for respondent.

Judgment affirmed; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and Kellogg, JJ.