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Legal Opinion

People v. Webb

Criminal Court of the City of New York

Decided June 5, 1974PublishedCited by 13 opinions

1Opinion of the CourtDaniel Hoffman, J.

The defendant is charged with the possession of an imitation pistol in violation of subdivision g of section 438-5.0 of the Administrative Code of the City of New York. The only issue raised upon this motion to dismiss the information is the constitutionality of this section.

*254The defendant contends that subdivision g of section 436-5.0 is unconstitutional on the grounds: (1) the Penal Law, as set forth in article 265, pre-empts any local legislation in regard to imitation pistols; (2) it is in conflict with subdivision 9 of section 265.05 of the Penal Law; and (3) it was an arbitrary and…

2Cases cited9 opinions

  1. People Ex Rel. Nechamcus v. Warden of the City PrisonNew York Court of Appeals · 1895
  2. People v. LewisNew York Court of Appeals · 1945
  3. National Psychological Ass'n for Psychoanalysis, Inc. v. University of New YorkNew York Supreme Court · 1959
  4. Grimm v. City of New YorkNew York Supreme Court · 1968
  5. People v. Del GardoNew York City Magistrates' Court · 1955

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3Cited by13 opinions

  1. People v. JudizNew York Court of Appeals · 1976
  2. State v. LawrSupreme Court of Iowa · 1978
  3. Council for Owner Occupied Housing, Inc. v. KochNew York Supreme Court · 1983
  4. People v. OrtizCriminal Court of the City of New York · 1984
  5. MATTER OF MARCUS v. BaronAppellate Division of the Supreme Court of the State of New York · 1981

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