People v. Weiner

Appellate Division of the Supreme Court of New York

People v. Weiner

271 A.D.2d 1022

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

DecidedMarch 17, 1947

StatusPublished

This text of 271 A.D.2d 1022 (People v. Weiner) 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. Weiner, 271 A.D.2d 1022 (N.Y. Ct. App. 1947).

Pincite

Opinion

Defendant appeals from a judgment of a city magistrate, holding a Court of Special Sessions of the City of New York, Borough of Brooklyn, convicting him of a violation of section 561-3.0 of the Administrative Code of the City of New York. Judgment of conviction reversed on the law, the complaint dismissed on the law, defendant discharged, and the fine remitted. Section 561-3.0 of the Administrative Code of the City of New York defines a “ purveyor ” as one who directly or indirectly engages in the business of supplying inhalation therapy service. There was no proof adduced which would serve to show that defendant engaged in such business without a license. The showing that he held himself out to be so engaged is insufficient and the Administrative Code provision cannot be extended to make such conduct a crime. (People v. Shakun, 251 N. Y. 107, 113; People v. Phyfe, 136 N. Y. 554, 559; People v. Nelson, 153 N. Y. 90, 94.) Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Defendant appeals from a judgment of a city magistrate, holding a Court of Special Sessions of the City of New York, Borough of Brooklyn, convicting him of a violation of section 561-3.0 of the Administrative Code of the City of New York. Judgment of conviction reversed on the law, the complaint dismissed on the law, defendant discharged, and the fine remitted. Section 561-3.0 of the Administrative Code of the City of New York defines a “ purveyor ” as one who directly or indirectly engages in the business of supplying inhalation therapy service. There was no proof adduced which would serve to show that defendant engaged in such business without a license. The showing that he held himself out to be so engaged is insufficient and the Administrative Code provision cannot be extended to make such conduct a crime. (People v. Shakun, 251 N. Y. 107, 113; People v. Phyfe, 136 N. Y. 554, 559; People v. Nelson, 153 N. Y. 90, 94.) Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

271 A.D.2d 1022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-weiner-nyappdiv-1947.

Opinion

Related

Cite This Page — Counsel Stack