People v. Bunis

This is an appeal from a decision rendered by the City Court of Buffalo (Amsr T. Mikoll, J.), dismissing an information against the defendant-respondent charging him with a violation of section 436-d of the Penal Law, on the grounds that the statute was unconstitutional as an invalid exercise of the State’s police power and on the principle of *562stare decisis. (People ex rel. Bunis v. Simmers, 13 Misc 2d 1097 [1958].)

The undisputed facts reveal that the respondent herein was arrested and charged in an informtion filed that he “ did knowingly sell, offer or expose for sale magazines from which…