People v. Ferrara

Appellate Division of the Supreme Court of New York

People v. Ferrara

262 A.D. 754, 27 N.Y.S.2d 498, 1941 N.Y. App. Div. LEXIS 5747

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 12, 1941

StatusPublished

This text of 262 A.D. 754 (People v. Ferrara) 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.

Bluebook

People v. Ferrara, 262 A.D. 754, 27 N.Y.S.2d 498, 1941 N.Y. App. Div. LEXIS 5747 (N.Y. Ct. App. 1941).

Pincite

Opinion

Appeal from a judgment of the Court of Special Sessions of the City of New York, Borough of Queens [County of Queens], convicting appellant of a violation of section 435 of the Penal Law (false labels and misrepresentations in the sale of food products) and sentencing him to the workhouse for thirty days and “ in addition ” fining him $250 and, in default of payment, sixty days in the City Prison. Judgment modified on the law and the facts by reducing the sentence to the payment of the fine of $250 and in default of payment sixty days in the City Prison and to the time, if any, already served in jail by appellant. As so modified, the judgment is unanimously affirmed. Appellant is a first offender. The oil which was misrepresented as olive oil was edible. Under the circumstances a fine of $250 is ample punishment. Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ.

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Appeal from a judgment of the Court of Special Sessions of the City of New York, Borough of Queens [County of Queens], convicting appellant of a violation of section 435 of the Penal Law (false labels and misrepresentations in the sale of food products) and sentencing him to the workhouse for thirty days and “ in addition ” fining him $250 and, in default of payment, sixty days in the City Prison. Judgment modified on the law and the facts by reducing the sentence to the payment of the fine of $250 and in default of payment sixty days in the City Prison and to the time, if any, already served in jail by appellant. As so modified, the judgment is unanimously affirmed. Appellant is a first offender. The oil which was misrepresented as olive oil was edible. Under the circumstances a fine of $250 is ample punishment. Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ.

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Bluebook (online)

262 A.D. 754, 27 N.Y.S.2d 498, 1941 N.Y. App. Div. LEXIS 5747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ferrara-nyappdiv-1941.