[DOWNLOAD] "Matter Alan G. Kraemer Et Al. v. County Court Suffolk County Et Al." by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Matter Alan G. Kraemer Et Al. v. County Court Suffolk County Et Al.
- Author : Court of Appeals of New York
- Release Date : January 08, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
[6 N.Y.2d 363 Page 365] The underlying controversy is a criminal prosecution for trespass in violation of a local ordinance. Dropping anchors from
boats to catch upon the bottom of a small estuary of Long Island Sound, known as Lloyd Point Basin, is claimed to have violated
the property rights of a lessee of the land under water. The persons involved in this appeal were tried in Police Court in
the Village of Lloyd Harbor and acquitted. (People v. Kraemer, 7 Misc. 2d 373.) The People appealed to the Suffolk County
Court, which entertained jurisdiction to hear the appeals by denying motions to dismiss them. (People v. Kraemer, 14 Misc.
2d 42.) This proceeding, in the nature of prohibition under article 78 of the Civil Practice Act, was then instituted by the
defendants in the criminal prosecutions on the theory that they could not twice be placed in jeopardy for the same offense.
The Suffolk County Court has been restrained by this prohibition order from exceeding its jurisdiction by hearing those appeals.