Legal Opinion

People v. Kozak

Appellate Division of the Supreme Court of the State of New York

Decided April 30, 1913Published

Appeal by the defendants, John Kozak and another,' from a judgment of the County Court of Oneida county, rendered against the defendants on the 16th day of December, 1912, . upon the verdict of a jury convicting them of selling intoxicating liquors on Sunday, in violation of section 30, subdivision A, of the Liquor Tax Law (Consol. Laws, chap. ■ 34 [Laws of 1909, chap. 39], as amd.. by Laws of 1910, chap. 494). The judgment was entered upon the verdict of a jury.

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Appeal by the defendants, John Kozak and another,' from a judgment of the County Court of Oneida county, rendered against the defendants on the 16th day of December, 1912, . upon the verdict of a jury convicting them of selling intoxicating liquors on Sunday, in violation of section 30, subdivision A, of the Liquor Tax Law (Consol. Laws, chap. ■ 34 [Laws of 1909, chap. 39], as amd.. by Laws of 1910, chap. 494). The judgment was entered upon the verdict of a jury. The defendants were jointly indicted by a grand jury of Oneida county on October 30, 1912, for a violation of the Liquor Tax Law of…

1Opinion of the Court

McLennan, P. J.:

The evidence tends to show that Peter Kozak was the proprietor of a saloon or place in which liquor was illegally sold, and in which said alleged violation took place; that he sold such liquor in the morning at about seven o’clock, and that later in *461the forenoon his brother, John Kozak, also made a similar sale in such saloon or place. We think that the sale by the proprietor and the sale by his brother John, whether as agent, * copartner or otherwise, constituted an offense within the meaning of the statute as far as the proprietor of the saloon is concerned, and that the two…

2Cases cited1 opinion

  1. Hall v. McKechnieNew York Supreme Court · 1856

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