120 Misc. 368 | N.Y. Sup. Ct. | 1923
The relator, under a writ of habeas corpus, attacks the constitutionality of section 1459 of the Consolidation Act (Laws of 1882, chap. 410) after trial, conviction and sentence to six months’ imprisonment thereunder in the Magistrate’s Court of the city of New York, borough of Richmond, first district. The statute in question provides: “ Whenever it shall appear, on oath of a credible witness before any police justice in said city and county, that any person in said city and county has been guilty of any such disorderly conduct as in the opinion of such magistrate tends to a breach of the peace, the said magistrate may cause the person so complained of to be brought before him to answer the said charge.” The argument of the relator is directed to the absence of any fixed standard of guilt set forth in" the act, the inability to ascertain prior to the act the character of the conduct prescribed and resultant variance of view that might obtain in the minds of the several judges before whom complaints under its terms might be prosecuted. It is undoubtedly commonplace in
Writ dismissed.