Opinion
Argued October 17, 1927
Decided November 22, 1927
Appeal from the Supreme Court, Appellate Division, First Department.
M. Michael Edelstein for appellant.
Joab H. Banton, District Attorney ( Ferdinand Pecora and Felix C. Benvenga of counsel), for respondent.
Judgment affirmed. Held (1) that the rule or regulation 5 of the board of health of the city of New York was lawfully adopted and is a constitutional and valid ordinance; (2) that even if said rule or regulation were invalid or unconstitutional the defendant was guilty of a criminal conspiracy in agreeing to suppress and prevent prosecutions for a violation thereof.
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.