251 A.D. 332 | N.Y. App. Div. | 1937
In the Court of Special Sessions of the City of New York, Borough of Queens, defendant was convicted of the crime of maintaining a- public nuisance under subdivision 1 of section 1530 of the Penal Law, and received a suspended sentence. Thereafter, on motion of the district attorney, the suspension of sentence was revoked and a fine of $500 imposed. Defendant appeals from the judgment of conviction and from the order revoking the suspension and imposing the fine.
The judgment and order should be reversed on the law and the information dismissed.
Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ., concur.
Judgment of the Court of Special Sessions of the City of New York, Borough of Queens, convicting defendant of the crime of maintaining a public nuisance under subdivision 1 of section 1530 of the Penal Law, and order revoking suspension of sentence and fining defendant $500, reversed on the law and information dismissed.