124 N.Y.S. 57 | N.Y. App. Div. | 1910
The defendant has been convicted of being a disorderly person, under section 899 of the Code of Criminal Procedure, after having
However general may be the wording of the section under which this proceeding is taken, it seems to be settled law that in prder to justify a judgment of conviction thereunder there must be proof sufficient to show that the family of the defendant is liable , to become a burden upon the public. In People v. Crouse (86 App. Div. 352) a precisely similar provision of the charter of Greater Hew York was under examination. (See Laws of 1897, chap. 378, § 685, as amd. by Laws of 1901, chap. 466.) In the opinion of the court in construing this charter, we find this interpretation: “We are likewise of opinion that there was not- sufficient evidence to establish that the complainant was likely to become a charge upon the public. Her children were concededly out of this jurisdiction ; the evidence shows that she has been earning sixteen dollars per month as a domestic servant, and there is no evidence that she is ill, or that there is any reason why- she may not in the future continue to find employment, and as the purpose of section 685 of the revised Greater Hew York charter is to protect the public from such a charge, rather than to adjust domestic relations, there is a further reason for a reversal of the judgment.” In People ex rel. Feeney v. Dershem (78 App. Div. 626) the opinion of the court in ad judicating upon a charge under this same section of the Greater Hew York charter says: “The
The judgment of conviction should, therefore, be reversed and the defendant discharged. . - .
All concurred. •
Judgment of conviction reversed.