157 Misc. 943 | N.Y. Sup. Ct. | 1936
This is a motion for a certificate of reasonable doubt. The defendant has been convicted after a trial in the Court of Special Sessions upon an information charging him with violating the provisions of sections 340 and 357 of the Banking Law (added by Laws of 1932, chap. 399). This information contains two counts. Briefly, the first count alleged that he was in the business “ of lending money,” etc., without having obtained a license from the Superintendent of Banks, in violation of section 340 of the Banking Law. The second count charges that he made a loan of twenty-five dollars and it was agreed that the borrower should pay an amount in excess of six per centum per annum. This was a violation of section 357 of the Banking Law. The decision of the court finding him guilty was unanimous. There was sufficient evidence to find the defendant guilty on both counts. The weight to be given the testimony was for the triers of the facts and their disposition in this case does not raise any question of law. The attack made upon the impartiality of the Court of Special Sessions is wholly without merit. Nor is there any substance to the claim that Part VII of the Court of Special Sessions was not a proper