People v. Radish
This text of 245 A.D. 768 (People v. Radish) 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
Judgment of the Court of Special Sessions of the City of New York, Borough of Richmond, convicting the defendant of a violation of section 2 of chapter 781 of the Laws of 1933 and of certain rules, codes and regulations thereunder, fining him $100, and in default of payment thereof directing that he be imprisoned for thirty days in the county jail, order denying defendant’s motion to dismiss the information and order denying his motion for leave to withdraw his plea of guilty, reversed on the law, information dismissed, and fine remitted. The statute under which the defendant was convicted is an unauthorized delegation of legislative functions contrary to the Constitution of this State, and is, therefore, invalid. (Darweger v. Staats, 267 N. Y. 290.) Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
245 A.D. 768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-radish-nyappdiv-1935.