See 1 St. Rep. 648; Court of Appeals, April 13, 1886, People v. Carpenter, 102 N. Y. 250; 4 N. Y. Cr. 187; Madison County Court of Oyer, December, 1883, People v. Haight, 3 id. 61; 13 Abb. N. C. 198; Court of General Sessions, New York County, October, 1884, People v. Rhinelander, 2 N. Y. Cr. 340. § 1121. Unlawful confinement of idiots, lunatics and insane persons. A person, who confines an idiot, lunatic or insane person, in any other manner or in any other place than as authorized by law, and a person guilty of harsh, cruel or unkind treatment of, or any neglect of duty towards, any idiot, lunatic or insane person under confinement, whether lawfully or unlawfully confined, is guilty of a misdemeanor. § 1122. Maintaining private insane asylums.-A person who conducts or maintains a private insane asylum, or institution for the care or treatment of persons of unsound mind, without a license issued and granted to such person according to law, is guilty of a misdemeanor. * INTOXICATION Section 1220. Intoxication as a defense. 1221. Intoxication in a public place. § 1220. Intoxication as a defense.- No act committed by a person while in a state of voluntary intoxication, shall be deemed less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive or intent is a necessary element to constitute a particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive or intent with which he committed the act. The law expressly declares that voluntary intoxication, though furnishing no excuse for a criminal act, may be considered by the jury upon the questions of intent and of the degree of crime. Supreme Court, June, 1884, People v. Conroy, 2 N. Y. Cr. 248; 33 Hun, 121. It may also be considered upon the question of deliberation. Id. The jury have a right to consider the intoxicated condition of the accused. Supreme Court, September, 1883, People v. Cassiano, 30 Hun, 388; 1 N. Y. Cr. 505. Intoxication does not absolutely tend to show an absence of premeditation and deliberation. Court of Appeals, February, 1885, People v. Mills, 98 N. Y. 181; 3 N. Y. Cr. 187; 21 W. Dig. 137. This is a question for the jury to determine. Id. The only materiality of the evidence of the defendant's intoxication is its bearing upon the questions of deliberation, premeditation and intent. Court of Appeals, January 13, 1891, People v. Fish, 125 N. Y. 146; 8 N. Y. Cr. 136; 34 St. Rep. 843. If he was sober enough to form an intent and to deliberate and premeditate a crime, then his responsibility is the same as if he had been perfectly sober. Id. His condition in this respect must be taken into account in weighing the evidence as to meditation and deliberation. Id.; Court of Appeals, October, 1881, Flanigan v. People, 86 N. Y. 554. § 1221. Intoxication in a public place. Any person intoxicated in a public place may be arrested without warrant while so intoxicated, and be taken before a magistrate having jurisdiction. for examination on a charge of public intoxication. If such charge is sustained the court or magistrate shall: 1. Release such person on probation for a period not exceeding one year, and may in addition impose a fine not exceeding ten dollars payable in instalments as the court may direct; or, 2. Inpose upon such person a fine not exceeding ten dollars, or a sentence of imprisonment not exceeding six months, or both such fine and imprisonment; or, 3. Cause such person to be committed to a hospital and industrial colony as provided in subdivision two of section one hundred and thirty-nine-a of the general municipal law. Provided that, whenever in any city a board of inebriety shall have certified in writing to the mayor of such city that the hospital and industrial colony of said board is ready to receive inmates, and notwithstanding any other provision of law, the court or magistrates having jurisdiction, shall: a. Dismiss the complaint upon the receipt of a written request for release from a person arrested for public intoxication and upon the receipt of a report from a probation officer of the board of inebriety as provided in subdivision one of section one hundred and thirty-nine-a of the general municipal law; or b. Issue warrant for the arrest of such person released pursuant to the provisions of subdivision one of section one hundred and thirty-nine-a of the general municipal law, and make such disposition of the case as is authorized in the subsequent provisions of this section; or c. Release such person, under the supervision of a probation officer appointed by the board of inebriety, for a period not exceeding one year and upon such conditions as the court may im pose. Upon violation of any of these conditions the probationer may be arrested on a warrant issued by the president or secretary of the board of inebriety and brought before the court. The court may, thereupon, impose sentence upon such probationer as provided in the subsequent provisions of this section and shall do so if the probationer has been released under supervision two or more times and has twice violated the conditions of his release; or d. Release such person on probation as in the next preceding subdivision of this section, and in addition impose a fine not exceeding twenty-five dollars. Such fine may be paid in instalments in such amounts and at such times as the court may determine and shall be paid to the board of inebriety in such manner as said board may direct. Upon failure to pay such fine as directed, the probationer may be arrested and brought before the court as provided in the next preceding subdivision of this section. The court may, thereupon, impose sentence upon such probationer as provided in the subsequent provisions of this section and shall do so if the probationer has been released two or more times with an added fine imposed and has twice failed to pay the fine. All fines and portions of fines so collected shall be reported to the court by which such fine was imposed; or e. Commit such person to the custody of the board of inebriety on an indeterminate sentence, for a period not exceeding six months, provided such person has not been previously committed to the custody of such board, and provided he has been previously arrested for public intoxication two or more times within the twelve months next preceding; or f. Commit such person to the custody of the board of inebriety on an indeterminate sentence, for a period of not less than six months nor more than one year, provided such person has previously been committed to such board; or g. Commit such person to the custody of the board of inebriety on an indeterminate sentence, for a period of not less than one year nor more than three years, provided such person has been previously committed two or more times to such board; or h. Commit such person to a penitentiary for a period of not less than one year nor more than three years, provided such person has previously been committed to the board of inebriety and the board has applied to the court to be released from the care and custody of such person as provided in subdivision five of section one hundred and thirty-nine-a of the general municipal law. The provisions of section twelve hundred and twenty-one shall not apply to the city of New York. (As amended by chapter 700 of the Laws of 1911.) POOR PERSONS 8 1650. 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. * 1843. Neglect of duty by superintendent or overseer of the poor. The county superintendents of the poor, or any overseer of the poor, whose duty it shall be to provide for the support of any bastard and the sustenance of its mother, who shall neglect to perform such duty, shall be guilty of a misdemeanor, and shall, on conviction, be liable to a fine of two hundred and fifty dollars, or to imprisonment not exceeding one year, or by both such fine and imprisonment. SENTENCE § 2184. Sentence to house of refuge, state industrial school, and New York state training school for girls.— Where a male person under the age of twelve years is convicted of a crime amounting to felony, or where a male person of twelve years and under the age of sixteen years is convicted of a crime, the trial court may, instead of sentencing him to imprisonment in a state prison or in a penitentiary, direct him to be confined in a house of refuge under the provisions of the statute relating thereto. Where the conviction is had and the sentence is inflicted in the first, second, third or ninth judicial district, the place of confinement must be a house of refuge established by the managers of the society for the reformation of juvenile delinquents in the city of New York; where the conviction is had and the sentence inflicted in any other district, the place of confinement must be in the state industrial school. Where a female person not over the age of twelve years is convicted of a crime amounting to felony, or where a female person of the age of twelve years and not over the age of sixteen years is convicted of a crime, the trial court may, instead of sentencing her to imprisonment in a state prison or in a penitentiary, direct her to be confined in the New York state training school for girls, under the provisions of the statute relating thereto. But nothing in this section shall affect any of the provisions contained in section twenty-one hundred and ninetyfour. § 2186. Sentence of minors to imprisonment.— Where a male person between the ages of sixteen and twenty-one years is convicted of a felony, or where the term of imprisonment of a male convict for a felony is fixed by the trial court at one year or less, the court may direct the convict to be imprisoned in a county penitentiary, instead of a state prison, or in the county jail located in the county where sentence is imposed. A child of more than seven and less than sixteen years of age, who shall commit |