People v. Lipschitz

The chief point urged on this application is that section 1459 of the Consolidation Act, under which appellant was *634convicted, is null and void and unenforcible for the reasons: (a) That it does not define or describe the acts or conduct which it undertakes to prohibit, and (b) that it fixes no standard of guilt, but leaves such standard to the varying views of the different magistrates who may be called upon to enforce it. Appellant’s counsel in his brief “ to sustain this claim ” refers to People ex rel. Potter v. Managers Wayside Home, 119 Misc. Rep. 428, an opinion by Mr. Justice Benedict,…