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People v. Northrop

Supreme Court, Appellate Term, Second Department
Dec 4, 1975
85 Misc. 2d 298 (N.Y. App. Term 1975)

Opinion

December 4, 1975

Appeal from the District Court of Suffolk County, Fifth District, ANNE F. MEAD, J.

Reuben R. Kaufman for appellant.

Francis G. Caldeira, Town Attorney (Ernest J. Cannava of counsel), for respondent.


MEMORANDUM. Judgments convicting defendant of violating article XV, section 27-92, subdivision (a) of the Islip Town Code (failure to obtain a permit for rental of a one-family dwelling) and one charge of violating article III, section 32-19 of the Islip Town Code (owner to maintain private premises free of litter) affirmed. Judgment convicting defendant of a second charge of violating article III, section 32-19 of the Islip Town Code reversed on the law.

It was improper to convict defendant on two charges identical as to time, place and offense alleged. As to the remaining littering conviction, not only do we find proper authorization for the enactment of this section (Town Law, § 130, subd 3-a; Public Health Law, § 228, subd 2), but also find the statute constitutional and consistent with the relevant State statutes (see 10 NYCRR 21.4 [c], 21.10-21.13). As to defendant's conviction, we find no merit to the allegation that the section is unconstitutional.

Concur: HOGAN, P.J., GLICKMAN and FARLEY, JJ.


Summaries of

People v. Northrop

Supreme Court, Appellate Term, Second Department
Dec 4, 1975
85 Misc. 2d 298 (N.Y. App. Term 1975)
Case details for

People v. Northrop

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES H. NORTHROP…

Court:Supreme Court, Appellate Term, Second Department

Date published: Dec 4, 1975

Citations

85 Misc. 2d 298 (N.Y. App. Term 1975)
378 N.Y.S.2d 872