208 Misc. 537 | New York County Courts | 1955
Appeal by defendant from a judgment of the Court of Special Sessions, Town of Greenburgh, after trial without a jury, convicting him of violating subdivision 6 of section 106 of the Alcoholic Beverage Control Law (permitting gambling on licensed premises).
At the conclusion of the trial counsel for both sides stipulated that the Justice be given such time as he saw fit within which to render his decision and the matter was adjourned without date. Thereafter, a decision was rendered finding defendant guilty as charged.
Upon this appeal, defendant urges error on two grounds, 1. that courts of special sessions are not continuing courts and that when a matter before it is adjourned without date, the court loses jurisdiction; and, 2. that there was no proof that defendant had knowledge or should have known that gambling was being conducted on the licensed premises. These contentions have no merit.
With respect to the first contention, some confusion has been caused by the decision in People v. Pagano (206 Misc. 717), decided October 11, 1954, which holds that a court of special sessions is not a continuous court and loses jurisdiction upon the adjournment of a cause without date. This decision, which is relied upon by defendant, overlooks the amendment to section 702-a of the Code of Criminal Procedure, effective September 1, 1953, which added subdivision 3. The amendment provides that if a magistrate, pending final disposition, adjourns
The history of the last amendment to section 702-a indicates that the legislation originated with Godfrey E. Updike, professor of law at New York University, a Justice of the Peace
It is therefore plain that the court below did not lose jurisdiction by adjourning without date prior to its final disposition of the matter.
With respect to the second contention, an examination of the record reveals there was sufficient evidence before the court to warrant a finding that the defendant knew or should have known gambling was being conducted on the licensed premises.
The judgment of conviction is accordingly affirmed. Settle order on notice.