People v. Weinstein
Citation | 152 N.E.2d 529,177 N.Y.S.2d 506,4 N.Y.2d 986 |
Parties | , 152 N.E.2d 529 PEOPLE, Respondent, v. Sam WEINSTEIN, Defendant-Appellant. |
Decision Date | 25 June 1958 |
Court | New York Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 5 A.D.2d 698, 169 N.Y.S.2d 469.
Defendant was convicted of violating Section 436-5.0 of the Administrative Code of the City of New York prohibiting sale of toy or imitation pistols, which are substantially duplicates of actual pistols or revolvers. The Court of Special Sessions, City of New York, Borough of Brooklyn, entered judgment, and the defendant appealed.
The Appellate Division affirmed the judgment. Nolan P. J., dissented.
The defendant appealed to the Court of Appeals, and motion was made in the Court of Appeals for enlargement of time.
The Court of Appeals, 4 N.Y.2d 880, 174 N.Y.S.2d 252, granted the motion for enlargement of time and set the case down for argument during the present session of the Court of Appeals.
The defendant contended on appeal to the Court of Appeals that Section 436-5.0 of the Administrative Code of the City of New York is unconstitutional, on ground that, by its terms, conduct expressly permitted by state law was made criminal, on ground that it was penal legislation in a field entirely preempted by state legislation, on ground that its language and terms were so vague and indefinite as to fail to provide comprehensible guides as to its meaning and enforcement as required in a penal statute, and on ground that it denied defendant due process of law and equal protection of the laws by arbitrarily making illegal his mere sale and possession of toys inherently useful and harmless, and that the People failed to establish a prima facie case and failed as a matter of law to prove the guilt of the defendant beyond a reasonable doubt.
Aberman & Greene, New York City (Martin C. Greene and Arnold L. Fein, New York City, of counsel), for defendant-appellant.
Edward S. Silver, Kings County Dist. Atty., Brooklyn (Frank DiLalla, Asst. Dist. Atty., Brooklyn, of counsel), for respondent.
Judgment affirmed.
All concur.
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...makes criminal the selling or possession of an imitation pistol or revolver of particular color or appearance (see People v. Weinstein, 4 N.Y.2d 986, 177 N.Y.S.2d 506), or section 1894-a of the Penal Law, which penalizes the sale of ordinary I see nothing vague or indefinite about this loca......
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... ... Klufus was unanimously affirmed without opinion (2 A.D.2d 958, 157 N.Y.S.2d 903 (1st Dept. 1956) and the predicate for affirmance in People v. Weinstein, 5 A.D.2d 698, 169 N.Y.S.2d 469, affd. no opinion, in 4 N.Y.2d 986, 177 N.Y.S.2d 506, 152 N.E.2d 529 (1958)) ... There is a strong presumption of the constitutionality of any legislative enactment, and the burden of demonstrating unconstitutionality rests upon the one asserting it ... ...
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People v. Judiz
...though in juxtaposition to a then different State statute, in People v. Weinstein (5 A.D.2d 698, 169 N.Y.S.2d 469, affd. 4 N.Y.2d 986, 177 N.Y.S.2d 506, 152 N.E.2d 529). (See, also, People v. Klufus, 1 Misc.2d 828, 149 N.Y.S.2d 821, affd. 2 A.D.2d 958, 157 N.Y.S.2d ...