People v. A. J. Capone Co.
This text of 254 A.D. 235 (People v. A. J. Capone Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The evidence conclusively established that the adulterated food, consisting of olive oil, was not on the defendant’s premises for the purpose of sale. Under these circumstances any statutory presumption that may exist that the food was held for sale was rebutted and it was accordingly error to hold that the defendant was guilty of the violation of section 139 of the Sanitary Code. (People v. Timmerman, 79 App. Div. 565; People v. Foremost Butter and Egg Corp., 239 id. 773; People v. Woolworth Co., 250 id. 864; People v. Woolworth Co., 246 id. 838.)
The judgment of conviction should be reversed, the information dismissed, and the fine remitted.
Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.
Judgment unanimously reversed, the information dismissed, and the fine remitted.
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Cite This Page — Counsel Stack
254 A.D. 235, 4 N.Y.S.2d 610, 1938 N.Y. App. Div. LEXIS 6387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-a-j-capone-co-nyappdiv-1938.