Legal Opinion

People v. Borriello

New York Supreme Court

Decided August 20, 1992PublishedCited by 8 opinions

1Opinion of the Court

*262OPINION OF THE COURT

Robert S. Kreindler, J.

Defendant moves to dismiss counts 1 to 7, charging advertisement of sale of unauthorized recordings in the first degree (two counts), advertisement or sale of unauthorized recordings in the second degree, failure to disclose the origin of a recording in the second degree and criminal possession of a forged instrument in the third degree (three counts), on the grounds that Penal Law §§ 275.25, 275.30, 275.35 and 170.20 have been preempted by Federal law (17 USC § 301).

The evidence indicates that the defendant is the owner of three video stores. As a…

2Cases cited22 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Hines v. DavidowitzSupreme Court of the United States · 1941
  3. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  4. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
  5. Jones v. Rath Packing Co.Supreme Court of the United States · 1977

17 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. People v. WilliamsIllinois Supreme Court · 2009
  2. State v. AwawdehCourt of Appeals of Washington · 1994
  3. People v. WilliamsAppellate Court of Illinois · 2007
  4. Hicks v. StateCourt of Special Appeals of Maryland · 1996
  5. People v. CisseCriminal Court of the City of New York · 1996

3 more not listed; retrieve them via the Exa API.

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