People v. Solkoff

By its interim opinion of March 17, 1967 (53 Mise 2d 137) and its order of like date, this court directed a preliminary inquiry into the issues arising from defendant’s reliance upon Yick Wo v. Hopkins (118 U. S. 356) and more recent decisions as barring the instant prosecution.

As the order of March 17, 1967 in part stated, a hearing was then ordered: “as to the legality and constitutionality of the enforcement of the Zoning Ordinances in the City of Long Beach at or about and for the period of 'two years immediately preceding the issuance of the complaint herein.”

The hearing so directed was,…