People v. Ryan

The defendant, on December 14, 1935, purchased in Connecticut certain wines and liquors and brought them in his automobile into Westchester county, in this State. He was arrested and indicted for the violation of the provisions of paragraph (d) of subdivision 1 of section 102 of the Alcoholic Beverage Control Law. Upon his motion, the court below dismissed the indictment on the ground that it did not state facts sufficient to constitute a crime, and the order appealed from was made.

The defendant attacks the constitutionality of this statute as being in violation of the Commerce Clause of the…