People v. Levine

Appellate Division of the Supreme Court of New York

People v. Levine

21 A.D.2d 903, 251 N.Y.S.2d 721, 1964 N.Y. App. Div. LEXIS 3283

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

DecidedJuly 9, 1964

StatusPublished

This text of 21 A.D.2d 903 (People v. Levine) 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. Levine, 21 A.D.2d 903, 251 N.Y.S.2d 721, 1964 N.Y. App. Div. LEXIS 3283 (N.Y. Ct. App. 1964).

Pincite

Opinion

Appeals by defendants from judgments of the former Court of Special Sessions of the City of New York, Borough of Queens, rendered February 27, 1962 after a nonjury trial, convicting them of violation of section 81.07 of the New York City Health Code, and imposing a $50 fine upon each defendant. Judgments reversed on the law and the facts; information dismissed; and fines directed to be remitted, The defendants who are store managers, were found to have violated said section of the New York City Health Code upon proof that they displayed barbecued chicken, and fried fish fillet in store windows without refrigeration. The said section provides that: “Readily perishable foods, unless otherwise provided shall be kept at all times under appropriate heat treatment or at a temperature no higher than 50 [degrees] F. in order to prevent spoilage or the growth of pathogenic organisms.” In our opinion, the proof on this record is insufficient to establish beyond a reasonable doubt the guilt of the defendants of the crime charged. Beldoek, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.

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Appeals by defendants from judgments of the former Court of Special Sessions of the City of New York, Borough of Queens, rendered February 27, 1962 after a nonjury trial, convicting them of violation of section 81.07 of the New York City Health Code, and imposing a $50 fine upon each defendant. Judgments reversed on the law and the facts; information dismissed; and fines directed to be remitted, The defendants who are store managers, were found to have violated said section of the New York City Health Code upon proof that they displayed barbecued chicken, and fried fish fillet in store windows without refrigeration. The said section provides that: “Readily perishable foods, unless otherwise provided shall be kept at all times under appropriate heat treatment or at a temperature no higher than 50 [degrees] F. in order to prevent spoilage or the growth of pathogenic organisms.” In our opinion, the proof on this record is insufficient to establish beyond a reasonable doubt the guilt of the defendants of the crime charged. Beldoek, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.

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Bluebook (online)

21 A.D.2d 903, 251 N.Y.S.2d 721, 1964 N.Y. App. Div. LEXIS 3283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-levine-nyappdiv-1964.