Real property record room utica ny

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Thompson Park pool groundbreaking today. Such objection raises an issue of law and it goes to the jurisdiction of the court. If it is well taken, defendant cannot be held to answer.

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Since defendant desired to, and did, raise other issues, decision upon his objection to the information was reserved and the parties went to trial. At the close of the People's case, defendant reserved his motion and proceeded with his case. When evidence was closed, defendant moved for a dismissal on other grounds and upon the merits. There was no jury. But the question of law, viz. People v.

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Nixon, N. An information is the foundation of this court's jurisdiction in misdemeanor, and it performs the same office as an indictment in a superior court. Shapee v. Curtis, A. The strictness with which an indictment is drawn is not required in drawing an information.

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Pillion, 78 Hun Yet an information must specify some particular crime and also state, as facts, acts of defendant which constitute the crime. Grogan, N. If intent is an element of the crime charged, even when the statute does not expressly so provide, an accusation of such crime must allege intent. Stevens, N. The information must be measured by these principles, and determination made whether it charges, in view of the provisions of section of the Penal Law that defendant unlawfully 1 intruded upon 2 a lot or piece of land in this city 3 without authority from the owner thereof.

Decision may be reached without entering into discussion of intent in connection with the term "intrude" as that word applies to lands, of what, if any, remnant of its common-law meaning remains in it as it is used in section of the Penal Law or of whether it there contains an element of entry or of ouster. To intrude upon lands with due authority, if such a thing can be imagined, would hardly be unlawful. It is likewise hard to conceive an unintentional intrusion upon lands, or an intrusion upon lands under a mistake of fact, as unlawful in a criminal sense People v. Stevens, supra.

The information need not be dismissed for absence of additional allegation to the point of express criminal intent. The substitution of the term "real property" in the information for "lot or piece of land" in the statute need not of itself vitiate the information. These are equivalent terms.

In criminal pleadings, the words of the statute, or equivalent words, may be used to describe the acts of defendant Eckhardt v. People of State of New York, 83 N. The serious defect is the failure to allege that defendant did not have "authority from the owner. Lack of authority from the owner of the land is an integral part of the crime of intruding upon such land.

Real property record room utica ny
Real property record room utica ny
Real property record room utica ny
Real property record room utica ny
Real property record room utica ny
Real property record room utica ny
Real property record room utica ny
Real property record room utica ny

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