206 Misc. 490 | New York County Courts | 1954
This is a motion brought by the defendant, Cogar F. Hart, for an order of this court “ nulling, vacating and setting aside the conviction of the defendant herein as evidenced by the certificate of conviction attached hereto and for such other and further relief as may be proper in the premises ”.
It appears that on July 25, 1953, the defendant was navigating an outboard motorboat on Lake Ontario at a point somewhat north of the bar which separates the lake from Sodus Bay. The boat being operated by the defendant was involved in a collision with a boat owned by one George E. Wilson, whose wife, Marion Wilson, was a passenger. Some injury resulted to the Wilson boat and to Mrs. Wilson. Shortly after this accident and on the same day, the defendant was arrested and taken before Carl H. Yotter, Esq., a Justice of the Peace of the Town of Huron, in this county, charged with a violation of section 45 of the Navigation Law of the State of New York, which Justice informed the defendant of his rights. The defendant claims that he pleaded guilty because he has been told that the only purpose of the charge being brought aganist him was to be sure he would pay the medical bill and damage involved. He now claims that he has been confronted with an exorbitant claim, which however has no bearing upon this motion.
It is the claim of the defendant that the Navigation Law of the State of New York does not apply since the accident occurred on Lake Ontario. The information or a copy thereof
Subdivision 4 of section 2 of the Navigation Law reads as follows: “ 4. ‘ Navigable waters of the state ’ shall mean all inland lakes and streams wholly included within the state and not privately owned which are navigable in fact and are not connected by navigable channels with tidewater.”
The pertinent provision of section 45 of the Navigation Law and of which defendant has been convicted is a follows: “Beckless navigation of a vessel shall include operating the same in a manner which unnecessarily interferes with the free and proper use of the navigable waters of the state or unnecessarily endangers other vessels therein, or the life or limb of any person.”
If the court lacked jurisdiction of the subject matter or of the defendant, its judgment is a nullity and is void and will be so treated when it comes in question either directly or collaterally. (Kamp v. Kamp, 59 N. Y. 212; People v. Burke, 72 Col. 486.) A court’s judgment is void if it is in excess of the power granted to it by a particular statute although it has jurisdiction over the parties in the matter before it and has the power to act in such a matter. There can be no question of the court’s jurisdiction over the person of the defendant if he appeared and entered a plea of guilty. The court will take judicial notice that Lake Ontario is the lower or most easterly of the five great lakes, lying between Canada and the State of New York and that this lake is also connected by a navigable channel with tidewater, the St. Lawrence Biver flowing from Lake Ontario to the Gulf of Newfoundland. The accident in which
While the time of the defendant to appeal has long since expired, this court has control over the certificates of conviction filed in the office of the County Clerk by a Court of Special Sessions. (People v. Chmielewski, 153 Misc. 386; People v. Mulner’s Tavern, 157 Misc. 227.) A defendant against whom a judgment of conviction has been obtained without jurisdiction and who has failed to appeal within the time prescribed by statute otherwise would be without remedy.
The District Attorney with commendable fairness stated on the argument of this motion that he had no argument which he desired to offer on the law covering this matter.
The conviction being a nullity, and the defendant having no power to waive the question of jurisdiction, the motion must be granted.