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People v. Cuneo Eastern Press

Court of Appeals of the State of New York
Jul 15, 1931
177 N.E. 422 (N.Y. 1931)

Summary

In People v Cuneo Eastern Press (257 N.Y. 208), the Court of Appeals reversed a conviction for public nuisance holding unanimously that where a business is legal, the noise necessarily emanating therefrom could not sustain a conviction.

Summary of this case from People v. Markovitz

Opinion

Argued June 5, 1931

Decided July 15, 1931

Appeal from the Supreme Court, Appellate Division, Second Department.

Carroll G. Walter for appellant.

William F.X. Geoghan, District Attorney ( George F. Palmer, Jr., of counsel), for respondent.


In view of the character of the neighborhood and the manner in which the defendant's business was conducted, we think the evidence is insufficient to sustain the conclusion that what was done by the defendant amounted to a public nuisance, irrespective of any provisions of the Zoning Resolution.

The judgment of the Appellate Division and that of the Court of Special Sessions should be reversed and the information dismissed.

CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ., concur.

Judgments reversed, etc.


Summaries of

People v. Cuneo Eastern Press

Court of Appeals of the State of New York
Jul 15, 1931
177 N.E. 422 (N.Y. 1931)

In People v Cuneo Eastern Press (257 N.Y. 208), the Court of Appeals reversed a conviction for public nuisance holding unanimously that where a business is legal, the noise necessarily emanating therefrom could not sustain a conviction.

Summary of this case from People v. Markovitz
Case details for

People v. Cuneo Eastern Press

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CUNEO EASTERN PRESS…

Court:Court of Appeals of the State of New York

Date published: Jul 15, 1931

Citations

177 N.E. 422 (N.Y. 1931)
177 N.E. 422

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