130 N.Y.S. 807 | N.Y. Sup. Ct. | 1911
The relator having been arrested, charged with obstructing a police officer in the performance of his duties contrary to the provisions of section 1824 of the Penal Law, having had a hearing before a city magistrate, and having' been committed to the city prison after such hearing, has procured a writ of habeas corpus, which is now here for argument. On the 14th day of July, 1911, a police lieutenant, under direction of his superior and with several officers to assist him, visited the premises Mo. Ill West Forty- - eighth street, in the borough of Manhattan, Mew York city, for the purpose of inspecting the same upon suspicion that a pool-room was conducted there. The place suspected was above a saloon on the- corner, and was 'reached by a hallway opening from the street and leading upstairs. Upon arriving at the place the lieutenant found the street door locked, rang the bell, but received no answer. After the officers had waited in the street near this door fifteen or twenty minutes, the relator came out of the saloon, whereupon the lieutenant said to him that he had known him as being connected with the pool-room upstair®, and that he wished to be candid with him, and to ask if he intended to do business that day or not, and that if be said he would not, then the officer would take his men away. In réply to this, the relator admitted, that he represented the people there, and that he intended to go on . and do business. Some time after that, the relator, with another man, made their way to the door in question and beck-. oned to some people to come upstairs. They rapped on the door, which was opened to admit them, and when the police officers attempted to pass through with them the relator and his companion blocked the doorway and extended their arms so that the police could not enter. Thereupon the officers • arrested the relator, and, after a hearing before a city magistrate, he was committed to answer a charge of violating . section 1824 of the Penal Law. Subsequently the relator procured a writ of habeas corpus, which is now before me for disposition. The evidence, properly interpreted, and as the committing magistrate interpreted it as appears from his remarks upon the record, shows an admission on the relator’s part, corroborated, if an admission needs corroboration, by
Writ dismissed.