People v. Ring

Appellate Division of the Supreme Court of New York

People v. Ring

254 A.D. 709, 3 N.Y.S.2d 817, 1938 N.Y. App. Div. LEXIS 7215

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

DecidedApril 22, 1938

StatusPublished

Cited by1 cases

This text of 254 A.D. 709 (People v. Ring) 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. Ring, 254 A.D. 709, 3 N.Y.S.2d 817, 1938 N.Y. App. Div. LEXIS 7215 (N.Y. Ct. App. 1938).

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Opinion

Judgment of the Court of Special Sessions, City of New York, Borough of Brooklyn, convicting defendant of delivery of a deficient quantity of a commodity and a violation of section 188 of the Agriculture and Markets Law, unanimously affirmed. The evidence established a delivery following the misrepresentation as to the weight of the commodity. Section 188 of the Agriculture and Markets Law does not require that the potential customer be in fact actually defrauded. In this respect it differs from section 2411 of the Penal Law. The principle of Peoplev. Visconti (234 N. Y. 165) is controlling, and in so far as People v. Goldberg (146 App. Div. 950) is to the contrary, the latter ease may not be followed. Present — Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ.

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Judgment of the Court of Special Sessions, City of New York, Borough of Brooklyn, convicting defendant of delivery of a deficient quantity of a commodity and a violation of section 188 of the Agriculture and Markets Law, unanimously affirmed. The evidence established a delivery following the misrepresentation as to the weight of the commodity. Section 188 of the Agriculture and Markets Law does not require that the potential customer be in fact actually defrauded. In this respect it differs from section 2411 of the Penal Law. The principle of Peoplev. Visconti (234 N. Y. 165) is controlling, and in so far as People v. Goldberg (146 App. Div. 950) is to the contrary, the latter ease may not be followed. Present — Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ.

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Bluebook (online)

254 A.D. 709, 3 N.Y.S.2d 817, 1938 N.Y. App. Div. LEXIS 7215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ring-nyappdiv-1938.

Opinion

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