14 N.Y. Crim. 57 | New York County Courts | 1899
Jacob Meyer was charged, upon the information and deposition of Eugene Hunt, made before James M. Seaman, a justice of the peace of the town of Hempstead, in Queens county, with a violation of section 652 of the Penal Code, in that on the 6th day of August, 1898, he did willfully and without authority ride a bicycle upon the sidewalk on Bell-more avenue. A warrant was issued by the justice, and the defendant was arrested, and brought before him on the 9th day of August, 1898. The return shows that the justice informed the defendant of all his rights under sections 57,59,188,189, and 211 of the Code of Criminal Procedure, and complied with the sec
Ho objection was made to the sufficiency of the information, deposition, warrant, or to the regularity of any of the proceedings preliminary to or upon the trial, nor to the reception or rejection of any evidence. Many errors are assigned in the defendant’s affidavit on which the appeal was allowed, and the justice has made a full return of all the proceedings and all of the evidence in the case. ■ The record therefore brings here for review no ruling of the court below upon any of the numerous matters assigned as errors of that court. People v. Moore, 50 Hun, 356, 3 N. Y. Supp. 159 ; People v. Upton, 55 Hun, 612, 9 N. Y. Supp. 684.
The defendant has waived right to object now, for the first time, that the charge was made against, and the warrant issued for, the arrest of “ Jesse Meyer, ” whereas his name is “ Jacob Meyer.” People v. Justices of Court of Special Sessions, 13 Hun, 533, affirmed in 74 N. Y. 406.
The same rule would seem to dispose of all the matters assigned as error in the court below by the defendant’s affidavit, except that of insufficiency of the evidence, and that the act complained of was not a violation of section' 652 of the Penal Code. There can be no doubt, I think, that the act of willfully riding a bicycle, by any person, upon a sidewalk, without authority or necessity, whether in a village, city, or the country, is a violation of that section of the Code. The burden was on the people to prove that the defendant willfully rode a bicycle along upon a sidewalk without authority or necessity. Eiding a bicycle on and along upon the sidewalk evidence intention on the part of the rider to do the act. He must be presumed to
Judgment reversed.