People v. Spa Xanadu, Inc.

OPINION OF THE COURT

Stanley Gartenstein, J.

The court has conducted a joint single-Judge trial of two separate accusatory instruments involving a common set of facts and question of law. Upon a verdict of guilty as to both charges, the present corporate defendant was substituted without objection for the individual named defendant, an émployee thereof, and decision reserved after argument on the question of sentence.

*11We now consider the issue of an apparently confiscatory penal statute whose validity is not under direct or collateral attack and its impact, if any, upon the ultimate disposition…