People v. Cohen

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v . LOUIS COHEN, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 30, 1923

207 App. Div. 355 (N.Y. App. Div. 1923)

202 N.Y.S. 163

Opinion

November 30, 1923.

Joab H. Banton, District Attorney [ Robert D. Petty, Deputy Assistant District Attorney, of counsel; Felix C. Benvenga, Deputy Assistant District Attorney, with him on the brief], for the appellant.

Louis Marshall, for the respondent.

MARTIN, J.:

For the reasons stated in People v. Weller ( 207 App. Div. 337), decided herewith, we reject the reasoning advanced in the Court of General Sessions so far as it is intended to show that there was no power to adopt the ordinance in question. We agree, however, that error was committed in the exclusion of evidence as set forth in the opinion in this case, reported in People v. Cohen ( 109 Misc. Rep. 622).

We, therefore, affirm the judgment of that court. We deem it unnecessary to consider the other points discussed in said opinion.

SMITH and McAVOY, JJ., concur; CLARKE, P.J., and FINCH, J., concur in result.

Judgment affirmed.