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People v. Rotter

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 1938
255 App. Div. 803 (N.Y. App. Div. 1938)

Opinion

October 21, 1938.


Judgment of conviction rendered in the Court of Special Sessions of the City of New York, Borough of Queens, convicting appellant of a violation of section 188 Agric. Mkts. of the Agriculture and Markets Law reversed on the law, information dismissed and fine remitted. Section 188 Agric. Mkts. of the Agriculture and Markets Law contemplates a delivery of merchandise which is less in quantity than that represented, although such delivery may be conditioned upon payment. ( People v. Kaminsky, 245 App. Div. 768; People v. Abruzzese, 254 id. 709; affd., 278 N.Y. 411; People v. Berman, Id. 408.) The proof in the case at bar shows not only that no delivery was made but that no sale had been consummated. Lazansky, P.J., Hagarty, Johnston, Taylor and Close, JJ., concur.


Summaries of

People v. Rotter

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 1938
255 App. Div. 803 (N.Y. App. Div. 1938)
Case details for

People v. Rotter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SOL ROTTER, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 21, 1938

Citations

255 App. Div. 803 (N.Y. App. Div. 1938)

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