TITLE XVII. OF MISCELLANEOUS CRIMES. Section 670. Attorneys forbidden to defend criminal prosecutions carried on by their partners, or formerly by themselves. 671. 672. 673. Attorneys may defend themselves. Fraudulently presenting bills or claims to public officers for payment. Endangering life by refusal to labor. 674. Publishing false messages. 674a. Unauthorized wearing badges of loyal legion. 674b. Converting military property, unlawful wearing uniform. 674c. Introduction of spirituous or malt liquors into arsenal or armory. 674d. Unlawful exacting of toll of a member of national guard. 674f. Unlawful selling tickets for balls or entertainments. 675. Acts not expressly forbidden. 675a. Unlawful removal of poor person. § 670. Attorneys forbidden to defend criminal prosecutions carried on by their partners, or formerly by themselves. An attorney, who directly or indirectly advises in relation to, or aids or promotes the defense of any action or proceeding in any court, the prosecution of, which is carried on, aided or promoted by a person as district attorney, or other public prosecutor, with whom such attorney is directly or indirectly connected as a partner; or who, having himself prosecuted or in any manner aided or promoted any action or proceeding in any court, as district attorney or other public prosecutor, afterwards directly or indirectly advises in relation to, or takes any part in, the defense thereof, as attorney or otherwise; or who takes, or receives any valuable consideration from or on behalf of any defendant in any such action, upon any understanding or agreement whatever, express or implied, having relation to the defense thereof, is guilty of a misdemeanor. § 671. Attorneys may defend themselves. The last section does not affect sections 78, 79, 80 and 81 of the Code of Civil Procedure, and does not prohibit an attorney from defending himself in person, as attorney or as counsel, when prosecuted either civilly or criminally. § 672. Fraudulently presenting bills or claims to public officers for payment. A person who, knowingly, with intent to defraud, presents, for audit, or allowance, or for payment, to any officer or board of officers of the state, or of any county, town, city or village, authorized to audit, or allow, or to pay bills, claims or charges, any false or fraudulent claim, bill, account, writing or voucher, or any bill, account or demand, containing false or fraudulent charges, items or claims, is guilty of a felony. § 673. Endangering life by refusal to labor. A person who willfully and maliciously, either alone or in combination with others, breaks a contract of service or hiring, knowing, or having reasonable cause to believe, that the probable consequence of his so doing will be to endanger, human life, or to cause grievous bodily injury, or to expose valuable property to destruction or serious injury, is guilty of a misdemeanor. § 674. Publishing false messages. A person who prints, publishes, or circulates, as true, any message, order, or proclamation, purporting to be the message, order, or proclamation, of the executive of the United States or of this state, or of any other state of the United States now or hereafter admitted, or of any territory of the United States, knowing the same not to be genuine, is punishable by imprisonment in a state prison not exceeding five years, or by fine not exceeding one thousand dollars, or by both. An indictment for this offense may be found in any county in which the message, address, or proclamation, is printed, published, or circulated, but not in more than one county of the State. § 674a. [added 1896 and am'd 1900.] Unauthorized wearing of badges of certain orders and societies. Any person who wilfully wears the badge or the button of the Grand Army of the Republic, the insignia, badge or rosette of the Military Order of the Loyal Legion of the United States, or of the Military Order of Foreign Wars of the United States, or the badge or button of the Spanish war veterans, or the order of Patrons of Husbandry, or of any society, order or organization, of ten years' standing in the State of New York, or uses the same to obtain aid or assistance within this State, unless entitled to use or wear the same under the constitution and by-laws, rules and regulations of such order or of such society, order or organization, is guilty of a misdemeanor. § 674b. [added 1894. Converting military property; unlawfully wearing uniform. Any person who shall secrete, sell, dispose of, offer for sale, purchase, retain after demand made by a commissioned officer of the national guard, or in any manner pawn or pledge any arms, uniforms or equipments, issued under the provisions of the military code, and any person not a member of the national guard, except members of organizations specially authorized to do so by the military code, who shall wear any uniform or designation of grade similar to those in use by the national guard, issued or authorized under the provisions of said code, is guilty of a misdemeanor. § 674c. [added 1894.] Introduction of spirituous or malt liquors into arsenal or armory. Any person who introduces any wine, spirituous or malt liquors into any arsenal or armory, except when prescribed for medicinal purposes by a medical officer of the national guard, is guilty of a misdemeanor. 8674d. [added 1894.] Unlawfully exacting toll of a member of the national guard. Any person, master or keeper of a toll gate, toll-bridge or ferry, or any person in charge thereof who wilfully hinders or delays any member of the national guard or refuses free passage to any such member going to or returning from any parade, encampment, drill or meeting which he may be by law required to attend, or wilfully hinders, delays or refuses free passage to any conveyance or military property of the state in charge of a member of said guard, is guilty of a misdemeanor. § 674e. [added 1894.] Failure to respond to military duty. Every member of an independent military organization not regularly organized as an organization of the national guard, who fails to respond or to do military duty, or refuses to enlist when lawfully called upon to do so by the commander-in-chief, in cases of emergency or necessity, is guilty of a misdemeanor. § 674 f. [added 1899.] Unlawful selling tickets for balls and entertainments.-Any person who shall collect money or attempt to collect money or any valuable article, or to sell tickets for any ball or entertainment for the benefit of any pretended benevolent, humane, or charitable organization, which has no corporate existence, or for any benevolent, humane, or charitable institution, that has been duly incorporated or recognized by the authorities of the state of New York, without first having obtained written authority of the officers of the said institution or organization, attested under the seal of the said institution, according to its rules, shall be guilty of a misdemeanor. § 674 g. [added 1899.] Injury to life-saving apparatus.— Any person molesting, damaging, destroying, stealing, or in any way wrongfully withholding or interfering with the life-buoys, life-ladders, rubber or cork life-preservers, boats, or other life-saving apparatus, or of the flags, pennants, signs, badges of office, buttons or medals of any humane or life-saving association of the state of New York, shall be guilty of a misdemeanor. § 675. [am'd 1891.] Relating to disorderly conduct on public conveyances. Any person who shall. by any offensive or disorderly act or language, annoy or interfere with any person or persons in any place or with the passengers of any public stage, railroad car, ferry boat, or other public conveyance, or who shall disturb or offend the occupants of such stage, car, boat, or conveyance, by any disorderly act, language, or display, although such act, conduct, or display, may not amount to an assault or battery, shall be deemed guilty of a misdemeanor. A person who willfully and wrongfully commits any act which seriously injures the person or property of another, or which seriously disturbs or endangers the public peace or health, or which openly outrages public decency, for which no other punishment is expressly prescribed by this code, is guilty of a misdemeanor; but nothing in this code contained shall be so construed as to prevent any person from demanding an increase of wages, or from assembling and using all lawful means to induce employers to pay such wages to all persons employed by them as shall be a just and fair compensation for services rendered. § 6758. [added 1896]. Unlawful removal of poor person. Any person who shall send, remove or entice to remove, or bring, or cause to be sent, removed or brought, any poor or indigent person from any city, town or county, to any other city, town or county without legal authority, and there leave such person for the purpose of avoiding the charge of such poor or indigent person upon the city, town or county, from which he is so sent, removed or brought or enticed to remove, shall be guilty of a misdemeanor, and on conviction, shall be imprisoned not exceeding six months, or fined not exceeding one hundred dollars, or both § 676. Acts committed out of the state. A person who commits an act without this state which affects persons or property within this state, or the public health, morals, or decency, of this state, and which, if committed within this state, would be a crime, is punishable as if the act were committed within this state. 677. When crimes punishable in different ways. An act or omission which is made criminal and punishable in different ways, by different provisions of law, may be punished under any one of those provisions, but not under more than one; and a conviction or acquittal under one bars a prosecution for the same act or omission under any other provision. § 678. Acts punishable under foreign law. An act or omission declared punishable by this Code, is not less so because it is also punishable under the laws of another state, government or country, unless the contrary is expressly declared in this Code. § 679. Foreign conviction or acquittal. Whenever it appears upon the trial of an indictment, that the offense was committed in another state or country, or under such circumstances that the courts of this state or government had jurisdiction thereof, and that the defendant has already been acquitted or convicted on the merits upon a criminal prosecution under the laws of such state, or country, founded upon the act or omission in respect to which he is upon trial, such former acquittal or conviction is a sufficient defense. 3 R. S. 988, § 4. 680. Contempt, how punishable. A criminal act is not the less punishable as a crime, because it is also declared to be punishable as a contempt of court. 3 R. S. 442, § 14. § 681. Mitigation of punishment in certain cases. Where it appears, at the time of passing sentence on a person convicted that he has already paid a fine or suffered an imprisonment for the act of which he stands convicted, under an order adjudging it a contempt, the court, passing sentence, may mitigate the punishment to be imposed, in its discretion. § 682. Rule or punishment of accessory. When an act or omission is declared by statute to be a misdemeanor, and no punishment for aiding or abetting in the doing thereof is expressly prescribed, every person who aids, or abets another in such act or omission is also guilty of a misdemeanor. § 683. Sending letter, when deemed complete. In the various cases, in which the sending of a letter is made criminal by this Code, the offense is deemed complete from the time when such letter is deposited in any post-office or other place, or delivered to any person, with intent that it shall be forwarded. And the party may be indicted and tried in any county wherein such letter is so deposited or delivered, or in which it is received by the person to whom it is addressed. 684. Omission to perform duty. No person is punishable for an omission to perform an act, where such act has been performed by another person acting in his behalf, and competent by law to perform it. |