People v. Cook — 248 N.Y. 597

Majority

p. 597

The People of the State of New York, Appellant, v. Arthur Cook, Respondent.

Headnote

Crimes — nuisance — intoxicating liquors —judgment convicting defendant of maintaining nuisance by conducting vlace where intoxicating liquors were sold, properly reversed.

People v. Cook, 220 App. Div. 110 , affirmed.

(Submitted May 29, 1928;

decided June 12, 1928.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 21, 1927, which reversed a judgment of the Steuben County Court rendered upon a verdict convicting the defendant of maintaining a common nuisance in violation of section 1532 of the Penal Law, in that he conducted a place where intoxicating liquors were sold in violation of the National Prohibition Act, and directed a dismissal of the indictment. The Appellate Division held that the acts charged, if a crime, were punishable by the Federal courts only.

Guy W. Cheney, District Attorney, for appellant.

Floyd E. Whiteman and Acton M. Hill for respondent.

Judgment affirmed; no opinion.

Concur: Crane, Andrews, Kellogg and O’Brien, JJ.; Cardozo, Ch. J., Pound and Lehman, JJ., vote to modify judgment of the Appellate Division by ordering a new trial instead of dismissing the indictment.